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    casperwing's Avatar
    casperwing Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 3, 2007, 09:19 PM
    Hold On Account
    I recently moved to Texas changed my address at my bank.I received a judgment in the mail from from Erie county in New York. I now have a hold on my account is this legal also my account only holds social security benefits as I am disabled Please help:confused:
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #2

    Jul 4, 2007, 03:42 AM
    Ask the bank for a copy of the garnishment on the account, than file a Motion to Quash the garnishment wit hthe court listed. You must do so now, call the bank it time is limited. Yes SSI payment are exempt from garnishment, but you must notify the court and the bank now.



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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jul 4, 2007, 04:18 AM
    Why wouldn't it be legal? You failed to pay a debt you incurred, they sued you and won a judgement so they attached your assets. Nothing illegal about the facts as you have presented them.

    The creditor doesn't know what's in the account. While they can't garnish SSI payments, once they're deposited they don't know what the payments are. You will need to go back to the court that issued the garnishment and file the motion to quash. This will not remove the hold, but give you another hearing where you can present evidence that they should not have been awarded a judgement and that the only funds in the account are from your SSI payments.

    The major problem is you need to file with the NY court at least initially. You may be able to get the venue changed to Texas. I would suggest consulting an attorney. They can contact an attorney in NY to start the ball rolling.
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