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View Full Version : Bank account levy.included cash deposits from unemployment and social security


swimcamswim
Sep 3, 2009, 04:54 PM
Yesterday, an attorney in New Jersey placed a levy on my checking account. My income consists of Social Security and Unemployment. The amount levied, was all inclusive of my last direct deposit social security check of 8/26/09.

I explained this to the attorney's office and sent faxes of my last three months bank statements, as per their request, along with check stubs from unemployment.

The cash deposits , reflected on my statement were portions of my unemployment checks, which I cashed prior to depositing the money. This attorney refuses to lift the levy, stating that the burden of proof is on me to prove this money was from unemployment income, because it was deposited in different amounts, at different times in cash. The representative from his office, also said they could take my stimulus check direct deposit of $250.. because she was not sure if it is exempt, as well as a possible $200 that was deposited in May for heating and cooling assistance, for low income people.

My question is this: is it not reasonable to cash an unemployment check and put it in the checking account in the form of cash? Must it have been deposited in it's entirety? Can they take my stimulus money, as well as my heating and cooling assistance money? I am a senior citizen and feel I am being exploited.

ScottGem
Sep 3, 2009, 05:29 PM
Your Social Security is exempt, but I don't believe the other income, including Unemployment, is. And once you mix funds you risk exactly this scenario.

Were you aware there was a judgment against you? Why do you think you are being exploited? Did you not, in fact, incur this debt and then renege on it?

twinkiedooter
Sep 4, 2009, 04:05 PM
Unemployment is not exempt. SSR is exempt. Your stimulus money is not exempt. Your heating/cooling money is not exempt.

You unfortunately had a debt and now it's time for them to take action against you.