I have a joint bank account with my sister and we both deposit funds into this account. My Social Security check is automatically deposited each month. I have just received a Garnishment Notice from the bank that all the funds were taken out of the account for an old credit card debt I have, but have been unable to pay and yes I was served notice from this creditor and went to court. So am I to assume that my Social Security check ( I am retired) will now be frozen and any other funds that may be put into this account ? A large amount was taken but there is still a large amout due.
Thanks for any advice,
TangoRed

If your monthly Social Security check is your principal (and possibly) only means of support, it CANNOT be garnished.

If you have not already done so, go to the bank and let them know this fact.

File Motion with the court to Vacate the garnishment, send a copy to the Plaintiff and a copy to the bank.

Note the following exemption:

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.

By filing this with the ecourt and send copies to the plaintiff and the bank, it will put the bank on notice that the funds from ssi payment are exempt and cannot be released to the plaintiff.

You must file asap with file and have the copies timed-stamped.


HAve you sister file a third-party claim for the money she deposits in the account with the court.

File a Motion for Third party claim and Motion to vacate the garnishment.