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morgroch · May 4, 2014, 06:19 PM

My mother recently received notification that a writ of garnishment had been issued her bank account. It appears that the writ was filed by a collection agency that purchased the debt from a judgement against her in 2005 stemming from an unpaid credit. My mother is recently retired and the frozen bank account has within it the small retirement she received and her social security check for the month. My first question is are there any suggested remedies to unfreeze the account so that she can pay her bills for the month? My second question is can the money in her account be protected in any way. With taxes and fees the judgement is pretty much her entire retirement.

ScottGem · May 4, 2014, 06:30 PM

If she had a judgment against her then the creditor is legally entitled to collect on the judgment. If she didn't know about the judgment, she can try claiming improper service, but almost 10 years later, that's not likely to work.

Fr_Chuck · May 4, 2014, 07:44 PM

She would have received 100s of collection letters, and she failed to reach any payment agreement, when she was working. *( you said, she recently retired)

She would have gotten notice of a court hearing, and a judgement. And failed to pay.

If the money in the bank, is from her earnings before social security, or from other income, it is very possible, it is not protected

morgroch · May 4, 2014, 09:16 PM

Thanks to both of you for responding. Chuck, yes my mother retired two months ago. I understand that she neglected to handle this matter before it got to this point. I am certain that the only money in the account is her social security payment from this month and a small amount of money she received from the teacher's retirement system.

ScottGem · May 5, 2014, 08:00 AM

If you can prove the only deposits are from protected sources, you might be able to get the garnishment lifted. You would need to go back to the court that issued the writ with the proof.

AK lawyer · May 7, 2014, 10:31 AM

My second question is can the money in her account be protected in any way.

The best way to keep the creditor from repeating the process and trying to garnish the account again, don't deposit the exempt (SS & retirement) funds in the account. She might have to do without the convenience of a bank account (or perhaps ask you to hold the funds for her).

joypulv · May 7, 2014, 11:04 AM

SS now requires direct deposit - no exceptions.