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    dyrane's Avatar
    dyrane Posts: 4, Reputation: 1
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    #1

    Oct 29, 2009, 11:29 AM
    Garnishment from bank account
    Hi this is my firs time at this site and need help.
    My mother receives social security every month which is direct deposit into her bank account. I am on the account also as her payee, I have a garnishment against me, my question is, can they legally take her money if my name is on the account?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Oct 29, 2009, 11:37 AM

    Is the account jointly in your name? If so, yes, although technically her social security is protected, once it is in the account it becomes intermingled funds and getting it back after they take it will be a holy nightmare.
    dyrane's Avatar
    dyrane Posts: 4, Reputation: 1
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    #3

    Oct 29, 2009, 11:45 AM
    The account is in her name Im listed as payee
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #4

    Oct 29, 2009, 11:49 AM
    Quote Originally Posted by dyrane View Post
    The account is in her name Im listed as payee
    Im not sure what you mean by a payee. To me that means that her online bill pay has your information to send you checks like the power company or cable company is one of my payees.

    Is that what you mean?
    dyrane's Avatar
    dyrane Posts: 4, Reputation: 1
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    #5

    Oct 29, 2009, 11:58 AM
    No social security found her "unable" to make decisions due to Alzheimers so I am considered her payee, the ss check comes as: my name as payee for her name
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Oct 29, 2009, 12:07 PM

    I believe that is the same has holding a joint account so yes, it can be garnished and my original warnings stand.

    I would file a letter with the bank notifying them of the protected deposit.
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