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-   -   My bank took my Social Security check (https://www.askmehelpdesk.com/showthread.php?t=400600)

  • Sep 28, 2009, 08:01 AM
    0519babs
    My bank took my Social Security check
    In Georgia, can my bank withdraw funds from my checking account (they actually took every penny) without my permission that were deposited with my social security check? This was taken for a debt having nothing to do with my checking account (NSF, etc.).

    Babs
  • Sep 28, 2009, 09:57 AM
    stevetcg

    Well, if they aren't account related, they didn't actually take the money but facilitated the taking of it by court order.

    While SS is technically not liable to be garnished and therefor not part of a judgment, once it hits the checking account, it becomes intermingled funds and can be subject to garnishment/levy. You need to open an account specific to your SS income.

    In addition, you can go back to court and request that the SS funds be returned to your account, but honestly, you may not get that done.

    I assume you had a judgment filed against you?
  • Sep 28, 2009, 10:06 AM
    0519babs
    Quote:

    Originally Posted by stevetcg View Post
    Well, if they arent account related, they didnt actually take the money but facilitated the taking of it by court order.

    While SS is technically not liable to be garnished and therefor not part of a judgment, once it hits the checking account, it becomes intermingled funds and can be subject to garnishment/levy. You need to open an account specific to your SS income.

    In addition, you can go back to court and request that the SS funds be returned to your account, but honestly, you may not get that done.

    I assume you had a judgment filed against you?

    Well, being a good dad is first and foremost...

    I do believe you are correct in your answer and yes, there was a judgement three years ago. However, don't they have to freeze or garnish my checking account before they can withdraw my funds?
  • Sep 28, 2009, 11:02 AM
    stevetcg

    Garnishment and withdraw are essentially the same thing. And no... they do not have to disclose collections once the judgment is issued.
  • Sep 28, 2009, 11:06 AM
    0519babs

    Thank you
  • Feb 28, 2010, 11:59 AM
    jobalso
    Citizens bank in New York took my entire January ssi, and there was no judgement. The previous month they took 1,293.00, as overdrafts, after I had deposited 300.00, which they failed to recognize in their ststem. When I confronted them, they did return it 10 days later, and when I went to check, found that they had taken another 173.00 as overdrafts, which they did return that same morning.
    I received no explanation, and no apology, either.
    Shouldn't the bank have to pay me for the overdrafts in like kind?
    I feel they owe me like amounts of the overdrafts, PLUS payment for lost productivity, as well as pain and suffering.
  • Feb 28, 2010, 12:14 PM
    DownUnder

    Did you have a lot of bounced checks that caused the overdraft fees? Please explain a little more
    Of what you are asking? If you bounced checks then the bank has the right to charge a fee. I don't understand what you are saying.
  • Mar 20, 2010, 10:24 AM
    ddwtx1

    My take on your question was that the bank had not recognized the deposit of $300 and therefore caused your account to be overdrawn?

    If you have your deposit slip or show the direct deposit via email or some other form, the bank can actually be requested (by you in writing) to refund the overdraft fees, but also send a notice to any vendors who received an NSF or bounced check.

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