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Home > Money & Services > Bankruptcy & Debt   »   Bank account money attachment

 
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Old Sep 21, 2007, 04:33 AM
carlekennedy
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Bank account money attachment

I found that in Texas you can send a simple letter telling your bank not to honor any money
attachments from your bank account by anyone but the IRS and court approved depentdent
support payments. The Texas bank is then not entitled, by law to attach any bank funds. Is
this also true in Arizona? Is there any legal recourse I can use in Arizona to stop creditors
money attachment from my bank checking account ?

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Old Sep 21, 2007, 04:40 AM   #2  
ScottGem
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Where did you get the idea that Texas allowed this? I think you are misunderstanding something. Under certain circumstances, generally where there is a joint account and all the deposits belong to the other owner or where the money deposited is exempt, you can inform your bank of that fact and possibly forestall an attachment. But you can't just tell them not to accept any attachment.
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Old Sep 21, 2007, 06:50 AM   #3  
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I looked at the link you sent (again do not use PM or e-mail for followups). Its is as I said. If an account ONLY contains EXEMPT monies, then you can use a letter like that and in Arizona as well. But its only if the account contains solely exempt monies.
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Old Sep 21, 2007, 07:26 AM   #4  
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Quote:
Originally Posted by ScottGem
I looked at the link you sent (again do not use PM or e-mail for followups). Its is as I said. If an account ONLY contains EXEMPT monies, then you can use a letter like that and in Arizona as well. But its only if the account contains solely exempt monies.

Just what exactly is "EXEMPT MONIES" What could be "EXEMPT MONIES"?? "EXEMPT MONIES"
has no meaning or correlation for a laymen. A laymen or a person uneducated in law or it's
terms or vernacular has no idea what "EXEMPT MONIES" means or expresses. Is there some kind of law that divides or segregates bank account funds into different catagories ???
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Old Sep 21, 2007, 07:31 AM   #5  
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Exempt monies would vary from state to state. Some examples would be SSI or SSD payments. Deposits to a joint account attributable to the other tenant on the account if that person is not named in the suit. You would have to check the law in your statement to find out what types of funds are exempt from attachment.
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Old Sep 24, 2007, 10:00 AM   #6  
steph73
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Due to my situation with my bank, I spoke with an attorney here in FLorida and they advised before I open another bank account to deposit my SSI into that I have to get a PreWarned Letter that states that the monies in this account are solely direct deposit from SSI and are therefore exempt from garnishment. Is that the same type of letter you are referring to?
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Old Sep 24, 2007, 10:13 AM   #7  
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Quote:
Originally Posted by steph73
Is that the same type of letter you are referring to?

I would think so.
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