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    Cath1693's Avatar
    Cath1693 Posts: 2, Reputation: 1
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    #1

    Aug 22, 2009, 08:16 PM
    Default on Judgment causes garnish of bank accounts
    I live in Georgia and need to know the law on defaulting on judgments. This was initiated by a law firm on behalf of Capital One.

    With no notice they "garnished" ALL my checking and savings at Bank of America (8/19/09) and put on "Hold" the balance due. My balances are 0 and we have been left with nothing to live on.

    All our income is from Social Security Disability (my husband has stage 4 cancer) and my Social Security Retirement monies. Is it legal to take all these funds? What happened to the 15% rule?

    We have Direct Deposit for these funds and according to Social Security I was one day late in making any changes to have these checks mailed.

    In September, more than $800 will be removed from my account to satisfy the balance from the garnishment.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Aug 23, 2009, 04:48 AM

    They can garnish your bank accounts, yes. But your SSDI is protected from garnishment. THe problem is that once it hits the account it becomes intermingled funds.

    You should return to the court issuing the order and get the levy on your bank account removed on this basis.
    Cath1693's Avatar
    Cath1693 Posts: 2, Reputation: 1
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    #3

    Aug 23, 2009, 10:02 AM

    Thanks Steve. My husband's SSDI funds are only intermingled with my SS Retirement funds. There is nothing but a fixed income situation here.

    BUT, this is muckin' GEORGIA and I have to remember the law just ain't the same here.

    Going to clerk of court tomorrow.

    Oh yeah, and thanks for being a good Dad. I'm a good Mom !
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