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how to remove a lien on a social security checking account
A collection company has placed a lien,frozen my account, on a checking account that has my Social Security direct deposit in it. Last month I made an additional $300 cash deposit into this account. Because of that can they put a lien on the Sociel Security money. How can I remove this lien?.
You would need to go to court with a motion to have the lien released.
Most likely you will need an attorney.
Also in general they can not garnish the actual social security check, but in some areas once it is in the bank, it may be subject to attachment,
So you need to stop any direct depoisit for now, and not use that bank account unless this gets cleared.
duboisworks, anything, any payment, any benefit that is automatically deposited into an account is subject to garnishment. The gov't. wont differentiate the deposit and not take it. That is why i said basically, if your social security cheque is in there, then it will be taken as well, to cover the debt. If the govt. wants your debt cleared off, and the direct deposit comes from them in the way of social security cheque, then good luck in having the direct deposit reversed.
I suggest you read the posts by kayakgirl who is a paralegal on this same subject. It will give you decent insite into your question and the subsequent postings in the same thread will be enlightening.
Copy this and take it to your bank, tell the bank they have violate the law and further action maybe coming their way, also go to the court that issued the lien and file a Motion to Vacate for the same reason.
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
duboisworks, anything, any payment, any benefit that is automatically deposited into an account is subject to garnishment. The gov't. wont differentiate the deposit and not take it. That is why i said basically, if your social security cheque is in there, then it will be taken as well, to cover the debt. If the govt. wants your debt cleared off, and the direct deposit comes from them in the way of social security cheque, then good luck in having the direct deposit reversed.
I suggest you read the posts by kayakgirl who is a paralegal on this same subject. It will give you decent insite into your question and the subsequent postings in the same thread will be enlightening.
I did not read what Kayakgirl has posted but, that having been said, this is absolutely not correct - SS is EXEMPT from garnishment for a debt.
Lets get the facts straight here. Social security payments are not garnishable. This means the creditor can't serve the SSA with a garnishment order. However, once the money is deposited into a bank account, it becomes commingled funds and IS subject to attachment. The bank cannot make any distinction between the source of the funds unless previously informed.
So you messed up, knowing there was a judgement against you, you should have informed your bank, that that account was used for direct deposit of social security payments which are exempt.
Now there is an additonal problem of the $300. That money is not exempt so that may be attachable.
What you need to do now is what Mr Yet suggested. You need to inform the bank of the source of the funds and Give an accounting. You then need a to file a motion with the court that issued the garnishment to vacate or adjust the order.
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