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

    Sep 5, 2013, 07:41 AM
    Can my social security benefits be garnished if being sued due to a accident years ago
    Years ago I was sued due to an accident and not having car insurance at the time well years after I began to have several health issues which led me to receive social security benefits and know the insurance company is wanting to possibly garnish my wages are they able to garnish my benefits I get from social security? Please help
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 5, 2013, 07:45 AM
    No, they can't.

    However if you deposit the benefits in a bank account, they could levy upon that.
    BluuDimples's Avatar
    BluuDimples Posts: 2, Reputation: 1
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    #3

    Sep 5, 2013, 07:49 AM
    Quote Originally Posted by AK lawyer View Post
    No, they can't.

    However if you deposit the benefits in a bank account, they could levy upon that.
    What do you mean levy? Please elaborate this is my only source of income for me and my 2 kids all ssi and ssdi have been made 2 switch 2 debit cards no more paper checks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 5, 2013, 08:17 AM
    Once money is deposited into a bank account its considered commingled funds and subject to attachment if they get a judgment.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Sep 5, 2013, 08:32 AM
    You need to tell them and the Bank that they are not to touch that money because it is your SS money. Also have it in its own acct so that it is not comingled.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Sep 5, 2013, 08:50 AM
    Quote Originally Posted by BluuDimples View Post
    what do you mean levy? please elaborate ...
    What I mean is this:

    If a creditor such as the insurance company sues you and gets a judgment, they could then get a writ from the court, typically a "writ of attachment", or "writ of garnishment". It would authorize them to seize your assets to satisfy the judgment. One asset that they might go after would be your bank account.

    A levy is a generic term which describes the garnishment or execution process, and in particular it refers to the act of seizing such property..

    Quote Originally Posted by BluuDimples View Post
    ... this is my only source of income for me and my 2 kids all ssi and ssdi have been made 2 switch 2 debit cards no more paper checks
    It wouldn't really matter if it's a checking account or another type of account. If they serve a writ of garnishment on the bank where these funds are deposited (in other words, do a "levy" as explained above), the bank would be required to pay the funds to the court for disposition.

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