Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

A lawyer claims that they can garnish social security from your bank account for past medical bills.?

A garnishment has been levied against my bank account. Both my wife and I are disabled and on Social Security Disability. The lawyer for the hospital bills claim they can once it is in the bank.

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  • 1 decade ago
    Favorite Answer

    The "lawyer" is correct. However, since social security payments are exempt from creditors, you could notify the bank that the funds in the account are from social security direct deposits only and thus exempt.

    To do that, you need to keep your funds separate. Do not deposit any other money into the social security account. Don't mix your social security income with any other income. Even a one dollar deposit from any other source will remove the exempt status from the account.

    There is a from that you need to fill out and file with the bank. This form should be available to you at the bank.

    Hope this helps

  • 3 years ago

    1

    Source(s): Social Security Disability Evaluation : http://Disability.ohfos.com/?WoA
  • Anonymous
    1 decade ago

    nope. every answer is wrong. your question is not clear....first you state ''a lawyer claims''' then you state ''a garnishment has been levied'' the hospital has to go to court and win a judgment or they can't garnish anything.......assuming they have done this and your bank has been served papers, the bank will freeze your account...they will inform you why and send you a form. you then have 21 days to prove where the money came from. lets now assume you have $2,000.oo in your account. fifteen-hundred from social security...if you fill out the forms correctly you will only lose 500 bucks to pay off the judgement.

  • 1 decade ago

    As someone else said, they cannot garnish the money directly from Social Security. What they can do is garnish your bank account. It doesn't matter where the money came from once it's in your account - or anywhere else that they can get at it.

    You may want to switch bank accounts, if they know about your current one. They would know about your current one from past checks or credit/debit cards you used to pay their bills or possibly from loans taken out from that bank that are on your credit report.

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  • Anonymous
    1 decade ago

    When you volunteered into the Social Security scheme, you gave up your God-given rights in favor of State-granted privileges. Corporations usually have higher priority privileges than the average man or woman. Why? Because the government looks at the "greater good". It's called socialism, fascism, communism and corporatism. The financial condition of a hospital is more important than the financial condition of the individual. So they win and you lose.

  • 1 decade ago

    The answer depends upon whether or not you commingle non-social security money in the same account you make your deposit.

    Assuming you can properly make a case that your account is direct deposit from the Government or otherwise is sequestered from your other funds, you can and must file a claim of exemption and demonstrate the money directly traced to Social Security deposits.

    Stop relying upon the collectors Attorney... He or She is not your friend and IS NOT looking out for your interests. FIGHT THEM WITH YOUR CLAIM OF EXEMPTION.

    Good Luck!

    Source(s): Been there and done that.
  • JC
    Lv 7
    1 decade ago

    Yes, they can. If there is money in your bank account, it doesnt matter where it comes from...they can garnish it. They cannot garnish social security directly, though. I suggest you either make payment arrangements for the bills and/or pull that money out of your account and slip it under your mattress because they will wipe you out at the first opportunity,

  • Anonymous
    1 decade ago

    I'm pretty sure they can't.

    And they can't take away your money so you are on the street.

    They can "garnish" all they want - doesn't mean they will get anything but check with City Hall Courthouse - that is the only way to know.

    Do that before getting an attorney to save some money.

    Source(s): Check also if you can do anything with small claims court - I think the judge will take a very dim view of a big company trying to take money from elderly, retired, disabled people. I.E. if they actually take money out - sue them to get it back in small claims (which costs like $30! and you don't need a lawyer) that would get the judge involved and he would probably kick them to the curb for this sort of thing. The cases take like 15 minutes and they can't even send an attorney - they have to use a normal employee and if they don't show up they automatically lose. Do it every month if you have to - they will give up.
  • Anonymous
    1 decade ago

    Have your social security delivered as a check, rather than a direct deposit.

    Then "cash" the check and keep the money in (i) your house, or (ii) in a separate envelope in a safe deposit box at the bank.

    Then it cannot be touched.

  • I am not sure about this, I would contact your local SS office and ask this question. I would recommend having your check mailed to you and cashing it, each month, just in case.

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