My mother has both ss & wage income which are direct deposits to her bank checking account. We understand that ss income cannot be garnished with the exceptions of a fed tax lien or child support, etc. However, if a garnishment is presented to the bank, how can the bank distinquish between what money has already been spent and what money remains in the account to be garnished ? This is credit card debt... thank you, P.

They can not, and the entire account will be frozen and it will be up to her to go to the court and prove which money is which

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Originally Posted by Fr_Chuck

They can not, and the entire account will be frozen and it will be up to her to go to the court and prove which money is which

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Is the entire amount frozen by the bank & held there ? Or does the bank have to send the entire amount to the court & thenprove which money is which ? Thank you, Patty

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Originally Posted by Fr_Chuck

They can not, and the entire account will be frozen and it will be up to her to go to the court and prove which money is which

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Does the bank freeze all the funds & hold it or is the bank required to send the funds to the courts and the courts freeze all the funds until it's determined which funds are which ?

To Fr_Chuck, if possible who answered previous question of 5-08-09 >>

My mother has both ss & wage income. The ss income is direct deposit, the wage income is by regular deposit. We understand that ss income cannot be garnished with the exceptions of a fed tax lien or child support, etc. However, if a garnishment is presented to the bank, how can the bank distinquish betw what money has already been spent and what money remains in the account to be garnished?

Chuck answered: they cannot, and the entire amount will be frozen and it will be up to her to go to the court and prove which money is which...

Question: does the bank freeze all the deposits or is the bank required to send all the funds to the court who then freezes the funds until a decision is made?

Patty

Please don't start a new thread.

The bank generally doesn't send the funds for several days to give you time to protest.

You should inform the bank that all the funds depositied in the account are from protected sources so they can refuse the attachment,