[steph73]

My question is that I have an account that my ssi payments are direct deposited into. I also have put my paychecks in them. I am confused about being garnished. If SSI is exempt from garnishment then how does the fact that I put my paycheck in the account make the account available for garnishment?

[tgmn16]

My mother applied for 10 credit card accounts and maxed them out. She's on social security only as her income. She's been paying a consolidator to pay most of them, but now she needs all of her money to move into an assisted living facility. Can the debtors take her social security out of her bank account if she doesn't pay those credit cards? What if I deposit a check in her account once in awhile for groceries or whatever, can they take that money? How do you avoid garnishment in advance without any surprises. Her bank charges very high NSF fees. What should be we do to prepare?

[Wondergirl]

My understanding is that, once a govt check or any other money has been deposited into an account, it becomes "income" and can be taken by debtors. To avoid garnishment of certain funds, you would have to put the deposits into an account that isn't under a threat, say, in another (trusted) friend's or relative's account.

[Fr_Chuck]

The actual SSI check you get can not be garnished, just don't put it in the bank. Once it isi mingled with other money you will have to go to court and show them which money in the bank is SSI and which is other money. The account will stay frozen while you appeal the attachment of the money.

[mr.yet]

You must notify the court that the funds in that account are Social Securityand a copy to the bank as well. If you don't say anything they will take it.

Safe from Garnishment



Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT

[ScottGem]

You can do what Mr Yet says, but that means you can't put any other monies into that account, because they then become commingled.

[steph73]

What I have learned since all of this started is that going forward, is to
1. open a new account with a prewarned letter stating that this account only has SSI funds and is exempt from garnishment.
2. keep all other monies out of it.

Two new things have come to light for me to deal with my present situation.
1. Florida wages placed in a bank account are exempt from garnishment for the first 6 months even when comingled with other monies.

2. I am allowed $1,000 in personal property and the money in that account can be included as personal property if that's what I want to deem as personal property.

Neither of these two things were advised to me by the 3 attorneys I sought advice from.
Very frustrating, when I went to Clerk of Court and asked for an exemption form they had to go to a supervisor to find out what that was. Anyway just thought I'd give an update.
I filed my exemption today and mailed it out to the plaintiff and the garnishee.