While my social security benefits were frozen by my bank, several of my checks bounced, including mortgage payments. I have been charged more than $800 in overdraft fees. How can I recover these loses?

While my social security benefits were frozen by my bank, several of my checks bounced, including mortgage payments. I have been charged more than $800 in overdraft fees. How can I recover these loses?

A writ of garnishment, pursuant to a judgment against you, was served on your bank?

As I understand what you are saying, you have somehow managed to avoid the garnishment by showing that these funds are exempt social security benefits. However you incurred overdraft fees during the time when this was being straightened out. You might want to point out to your bank that the funds were there; they were just frozen, and therefore the overdraft fees should be waived.

Thanks! Am I entitled to damages up to $1000 including attorney fees? Must I go to small claims court?

First, please use the Answer options at the bottom of the page for follow-up questions or info, not the Comments.

Your bank has NO responsibility here. Assuming they were served with a valid writ of execution and they had not been made aware of the possibility of such a writ and that the funds in the account were all from exempt sources, then you have no recourse.

You knew a judgment had been awarded. Therefore, you should have taken precautions to protect your assets. As long as the writ of execution was issued by a court, the bank had no choice but to freeze your funds.

You can try suing them, but you will probably lose.

Thanks! Am I entitled to damages up to $1000 including attorney fees? Must I go to small claims court?


Where do you get this about $1,000 in damages? Is there a specific statute you are looking at?