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This is my first time on your site and I am fasinated with the questions and answers too.
My question is " I am soon going to court for a judgment hearing on a credit cardi in the state of MD. My entire income is Social Security. If this money is in the bank can it be touched and if so how. I heard that once it is in the account it is just money. Can any one answer this question?
While they can garnish your account, if you can prove all the funds are from SS they can't touch it. I would contact your bank and have them put a notation on your account that the only funds in it are your SS checks.
Inform the judge, at the start of the hearing and show that all money in this acccount is from SSI payments. Then give him a copy of the following.
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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