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    lennysgal02's Avatar
    lennysgal02 Posts: 3, Reputation: 1
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    #1

    Oct 9, 2007, 05:59 PM
    Social security garnishment
    I live in Md and on Friday when I went to get our ss disability money out of our account, I found out the account was frozen due to a judgement. I contacted the bank and informed them that this account was protected(it is only used for ss disability deposits from ss) and that half of the money in there was deposited from ss for my minor children. They still would not do anything to help us. I then went to the courthouse and filed a motion to have the account freed up because this is our only income. I gave the court a copy of our bank statements to prove what money was in there plus a copy of the federal law 42 407(a) but the judge still refused to release the money and set up a hearing to give the other side the option to oppose the return of our money. With the federal law, what are our chances of having this money released to us
    kayakinggirl's Avatar
    kayakinggirl Posts: 58, Reputation: 5
    Junior Member
     
    #2

    Oct 18, 2007, 05:10 PM
    Social Security Disability Insurance benefits are not free from garnishment. Also, when you put the money in a bank, anyone can garnish. Sorry. I understand that you took the statute to a judge, but the issue is that you can't prove absolutely (according to SSA procedure and regulations) that the money is purely from SSA funds. That particular statute is often misquoted by persons such as yourself. Your bank account can be garnished no matter what kind of money is in the bank. Your SSD check can be garnished if you owe taxes, child support, or federally funded student loans, to mention a few things. Your chance of having the money freed up to you is slim to none. I would contact an attorney who specializes in SSD law and get professional advice. Most attorneys will give you a free consultation.
    lennysgal02's Avatar
    lennysgal02 Posts: 3, Reputation: 1
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    #3

    Oct 18, 2007, 05:54 PM
    Just an update... Went to court today and my bank account is to be unfrozen by Monday. :) According to federal law 42 usc 407a my disability money that is directly deposited into my bank account in not subject to garnishment from anyone except the government themselves.
    TABER's Avatar
    TABER Posts: 2, Reputation: 1
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    #4

    Oct 18, 2007, 08:15 PM
    If a credit card company puts a lien on my checking account that holds social security disability funds and disability funds from my job, monthly deposits. How do I get the lien removed?
    TABER's Avatar
    TABER Posts: 2, Reputation: 1
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    #5

    Oct 18, 2007, 08:18 PM
    How Do I Get A Lien Taken Off My Checking Accounts That Holds Only Social Security Disability Funds And Job Disability Funds.
    kayakinggirl's Avatar
    kayakinggirl Posts: 58, Reputation: 5
    Junior Member
     
    #6

    Oct 19, 2007, 04:06 AM
    My understanding, as I work with Social Security Disability claimants, is that anyone can garnish a bank account. It's what I've been hearing attorneys, not just social security attorneys, tell people for years. If your income is under certain levels, you can have the leins removed, but that doesn't stop them from actually activating a garnishment. Social Security Disability Insurance benefits can be garnished by the federal or state government directly from your check, and your checking account can be attached by anyone having a garnishment order. SSI money is the only income free from garnishment by anyone other than federal sources.
    kayakinggirl's Avatar
    kayakinggirl Posts: 58, Reputation: 5
    Junior Member
     
    #7

    Oct 19, 2007, 04:07 AM
    Please don't let one person's good luck with a judge stop you from seeking advice from a qualified social security attorney.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #8

    Oct 19, 2007, 04:29 AM
    Quote Originally Posted by kayakinggirl
    Please don't let one person's good luck with a judge stop you from seeking advice from a qualified social security attorney.

    It not good luck, the judge must obey the law like everyone else, if the judge fails to protect anyone who violates the law than that judge would be in violation of his oath of office.
    lennysgal02's Avatar
    lennysgal02 Posts: 3, Reputation: 1
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    #9

    Oct 19, 2007, 05:10 AM
    It was not good luck. Here is the law that is in the federal law book. Believe me my lawyer showed this to the judge.
    United States Code
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 7 - SOCIAL SECURITY
    SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS

    --------------------------------------------------------------------------------

    U.S. Code as of: 01/19/04
    Section 407. Assignment of benefits

    (a) In general
    The right of any person to any future payment under this
    Subchapter shall not be transferable or assignable, at law or in
    Equity, and none of the moneys paid or payable or rights existing
    Under this subchapter shall be subject to execution, levy,
    Attachment, garnishment, or other legal process, or to the
    Operation of any bankruptcy or insolvency law.
    (b) Amendment of section
    No other provision of law, enacted before, on, or after April 20,
    1983, may be construed to limit, supersede, or otherwise modify the
    Provisions of this section except to the extent that it does so by
    Express reference to this section.
    (c) Withholding of taxes
    Nothing in this section shall be construed to prohibit
    Withholding taxes from any benefit under this subchapter, if such
    Withholding is done pursuant to a request made in accordance with
    Section 3402(p)(1) of the Internal Revenue Code of 1986 by the
    Person entitled to such benefit or such person's representative
    Payee.

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