Ask Experts Questions for FREE Help !
Ask
    kathyinny's Avatar
    kathyinny Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 8, 2007, 10:38 PM
    Freezing a social security disability checking account
    In December of 2006 I suffered heart failure and was sent to 3 different hospitals. I was out of work (part time at minimum wage) for a few months, so I tried every avenue, medicaid, hospital charity programs, etc. to pay the bills that eventually lead up to $125,000 plus, but was denied. My husband's sole income is social security disability. Now the hospitals have turned these bills over to their lawyers and they are threatening to put a judgement against our accounts. Can my husband's checking and savings accounts which are strictly social security monies and he has a rep payee on his accounts be frozen?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Sep 9, 2007, 07:51 AM
    Hello kathy:

    The accounts can be frozen because you haven't told anybody that the funds IN those accounts can't be garnished. Have him remove ALL the dough and tell the SS to send a CHECK instead of direct deposit.

    excon

    PS> (edited) If you are the only one who has judgments, as opposed to BOTH of you, and the accounts in question are not JOINT accounts, then they should be safe. If these factors are so, disregard the above advice.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #3

    Sep 10, 2007, 04:21 AM
    Send the debt collector this when they send you a bill, and keep this with you from now on.


    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
    kayakinggirl's Avatar
    kayakinggirl Posts: 58, Reputation: 5
    Junior Member
    		  
    #4

    Sep 11, 2007, 04:42 PM
    Addendum to above posting: SSD is not exempt from state or federal garnishments: Taxes, child support, etc.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Social Security Disability? And a child [ 5 Answers ]

My husband was married 12 years ago , and got a divorce. The mother of his son they had, remarried four years ago. My husband fell ill and almost died from diebeities complications. During this time recoporating he than went on SSD for Mental Illness,bi-polar. His ex wife took him to court and...

Social Security Disability [ 10 Answers ]

In 1981 I had a head injury in the U.S. Navy with a 10% disability medical discharge. I suffer from sever and frequent migrains or cluster headaches. This has cost me over 18 jobs since then. I was wondering if I would qualify for SSdisability. Because of the medication I have to take to control...

Social security disability [ 3 Answers ]

I filed for SSI disability several years ago and received it. At the time I didn't know what was wrong with me. I have found out recently that I have lyme disease and the doctor thinks I have had it since I was in 8th grade. That would be over forty years. At the time I filed for SSID I didn't...

Social security disability : is it taxable? [ 3 Answers ]

I have just been approved for social security disability and would like to know if the back award is taxable or if themonthly benefit is taxable?

Teacher retirement disability and social security disability [ 1 Answers ]

I qualified for both teacher retirement disability and social security disability. I saw the quote (below) but I'm uncertain how or if it also applies to me. "If the disability comes from Social Security, it is tax free. If it comes from your employer, it IS taxable." Also, my son...

View more questions Search