Social Security Garnishment and bank account
A Judgment/Transcript Civil Case
This Judgment is to Notify You That: Default Judgment PLTF Date of Judgment 1/26/09Judgment was enter against myself and separately my wife for over two thousand dollars [CENTER] [B]
Two questions based on the following Court Ruling located in our web search.
The U.S. Supreme Court has held that Social Security funds deposited into a bank account "retained the quality of 145moneys’ within the purview of section 407[.]" Philpott v. Essex County Welfare Bd., 409 U.S. 413, 93 S.Ct. 590, 34 L.Ed.2d 608 (1973).
Courts have also held that the funds remain exempt from legal process even if they are commingled in a bank account with other funds, so long as they are reasonably traceable to Social Security. NCNB Fin. Servs. V. Shumate, 829 F.Supp. 178 (W.D. Va. 1993), affd. 45 F.3d 427, cert. Denied 115 S.Ct. 2616.
Since the prohibition on the attachment of SSI payments is based on the same statutory provisions as apply to Social Security, i.e. section 207 of the Act (42 U.S.C. 407), the reasoning in these cases would apply equally to SSI payments[/I]
1) My SSI is electronically deposited on a reoccurring bases, vary rarely other money in small amounts less the $300.00 has been deposited. Can they attach/garnish our joint bank account? SSI is our only source of income and my wife is unemployed and not collecting SSI. We are thinking of closing this account if we have to, will this protect us? What happens if we open a new account in another bank?
2) There was a joint bank account set up with my mother as primary and I am secondary. There have been bank transfers between accounts in the amount of $250.00 a month for the rent we pay her. There have also been small transfers between both accounts. My name has been removed as joint holder on account before the Judgment was entered against us. Can a Judgment be entered on her account? If yes, in what way and how much can be levied? Is there any way to protect her because she is in no way involved with this debtor or Judgment?
We appreciate anyone who can help us make heads or tails of this situation..