Hello, I am a new member. I hope some one can help me. I live in NYC. I am disabled, and my only source of income is my Social security disability check, which I receive by mail. I would like to get direct deposit of my check, but I recently had a judgement placed against me in Small Claims Court. I can not afford to pay it, because I will not be able to pay my rent or buy food and medicine. CIf I sign up for direct deposit of my check, can the person who sued me freeze my bank acccount?

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Originally Posted by MsFortune

Hello, I am a new member. I hope some one can help me. I live in NYC. I am disabled, and my only source of income is my Social security disability check, which I receive by mail. I would like to get direct deposit of my check, but I recently had a judgement placed against me in Small Claims Court. I can not afford to pay it, because I will not be able to pay my rent or buy food and medicine. CIf I sign up for direct deposit of my check, can the person who sued me freeze my bank acccount?

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The Judgment creditor may very well freeze your bank account and then it's up to you to get the funds released as sheltered funds, exempt funds.

I personally wouldn't do the direct deposit because I don't think the confusion and upset are worth the aggravation.

Thanks for the information JudyK Tee. I guess it makes sense to leave well-enough alone. It is just that sometimes the mail is slow. Sometimes bad weather interferes with delivery of my check or my ability to cash it.

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Originally Posted by MsFortune

Thanks for the information JudyK Tee. I guess it makes sense to leave well-enough alone. It is just that sometimes the mail is slow. Sometimes bad weather interferes with delivery of my check or my ability to cash it.

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I know - my only concern is that if your account is frozen it takes time to unfreeze it and then you could be really jammed up.

I guess there's no easy solution.

Take this to the bank and court; you must prove that the funds are from SSi

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

I have SSI, I also have a judgement. But I use a prepaid visa account online to have my check direct deposited. Works great, minor fees though. Let's me use ATM, credit transactions etc. a plus. It's not a bank account, it's a prepaid visa account. Doesn't show up in chex systems.

Thank you, Mr. Yet! I was going to find the exact law. I'm not a lawyer, but I defend my rights.
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".

I'm in a counter debt lawsuit and a Stroke/Social Security claim... even after the judgment is possible to turn that the table. Also, it is possible to sue for the Sheriff, the Court and other parties including your bank. No officer in government is immune. Social Security is a Federal situation serious offence.

I'll be letting the Sheriff and the lower court after 10 days of notice. Then, I'll sue the same lower court and go to Federal Court.

In Federal Crop Insurance v. Merrill. "Whatever the form in which the government functions, anyone entering into an arrangement with the government takes a risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of the limitations upon authority"

They made an oath to defend the laws and must to know the laws. If they make a "mistake" becomes a money and prison problem for the parties... especially when this in a Federal Case. You paid into Social Security all your life. Here's when Uncle Sam has your back.

I have a civil judgment against me from a Tennessee court. I reside in the state of Florida, and have continuously since 2008. Can a plaintiff or Tennessee court garnish my social security disability benefits?

SS Disability cannot legally be garnished by a creditor except if it's for child support, student loans, a few minor exceptions. And, yes, a Judgment can be transferred - awarded in one State, collected in another.

If your SS is co-mingled with other funds it can be seized.