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Home > Money & Services > Bankruptcy & Debt   »   My bank account was frozen, can I open another?

 
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Old Jan 8, 2008, 04:42 PM
Ava4help
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My bank account was frozen, can I open another?

I am on Social Security and my money isn't allowed to be taken, so can I open another bank account for this money to be deposited without it being frozen? I need a way to pay my bills and cash my checks.Any help would be greatly appreciated.

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Old Jan 8, 2008, 04:56 PM   #2  
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The main question here is why was your bank account frozen? If it was frozen for certain reasons, opening another account is not going to do you any good because that account could also be frozen. You can take your check to a check cashing store, pay a small fee and have your check cashed. Then purchase money orders at say a Walmart for 50 cents each and pay your bills that you cant pay in person in cash that way.
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Old Jan 9, 2008, 03:45 AM   #3  
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Show this to your bank and tell them are are violating the law and to remove the freeze on the account.

For your information about Social Security Benefits


Safe from Garnishment



Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT
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Old Jan 9, 2008, 05:08 PM   #4  
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I guess to answer the question as to why or how my account was frozen, i have to say that i did not have the money to pay when sears started hammering me with penalties. I finally worked out a plan with a law office when I received a letter stating to call them and make payment arrangements so that they don't place a judgement against me. I made the arrangements and paid 100.00 for 2 months with the funds paid from my auto payments online, and they got the judgement and froze my account. So the payments arrangement was for nothing, even though they made me send proof of being on Social security and sign the judgement paper to secure the payment arrangement.
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Old Jan 9, 2008, 06:13 PM   #5  
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Sorry to hear about Sears taking an old lady for a ride but attorneys don't care. They just like to take anybody's money regardless if they can or not.

I'd call them and tell the attorneys what they did was illegal like the other post said.

DO NOT have things automatically taken out of your account. You be the one to write a check to who ever and mail it out to them. Having things automatically taken out of your account is a very dangerous thing to do. Do not do this ever if you can help it as it will come back and harm you financially.

Go to your bank first thing tomorrow and show them you are on Social Security. Print out what Mr. Yet told you about the federal law and garnishments and show them that. Sign whatever paperwork they have at the bank saying that you do not want Sears to automatically take any money out of your account ever again.

Try this before you open a new account. I think your bank made a huge mistake.
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Old Oct 30, 2009, 12:11 PM   #6  
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