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A Judgment/Transcript Civil Case

This Judgment is to Notify You That: Default Judgment PLTF Date of Judgment 1/26/09Judgment was enter against myself and separately my wife for over two thousand dollars [CENTER] [B]

Two questions based on the following Court Ruling located in our web search.

The U.S. Supreme Court has held that Social Security funds deposited into a bank account "retained the quality of 145moneys’ within the purview of section 407[.]" Philpott v. Essex County Welfare Bd., 409 U.S. 413, 93 S.Ct. 590, 34 L.Ed.2d 608 (1973).

Courts have also held that the funds remain exempt from legal process even if they are commingled in a bank account with other funds, so long as they are reasonably traceable to Social Security. NCNB Fin. Servs. V. Shumate, 829 F.Supp. 178 (W.D. Va. 1993), affd. 45 F.3d 427, cert. Denied 115 S.Ct. 2616.

Since the prohibition on the attachment of SSI payments is based on the same statutory provisions as apply to Social Security, i.e. section 207 of the Act (42 U.S.C. 407), the reasoning in these cases would apply equally to SSI payments[/I]


1) My SSI is electronically deposited on a reoccurring bases, vary rarely other money in small amounts less the $300.00 has been deposited. Can they attach/garnish our joint bank account? SSI is our only source of income and my wife is unemployed and not collecting SSI. We are thinking of closing this account if we have to, will this protect us? What happens if we open a new account in another bank?

2) There was a joint bank account set up with my mother as primary and I am secondary. There have been bank transfers between accounts in the amount of $250.00 a month for the rent we pay her. There have also been small transfers between both accounts. My name has been removed as joint holder on account before the Judgment was entered against us. Can a Judgment be entered on her account? If yes, in what way and how much can be levied? Is there any way to protect her because she is in no way involved with this debtor or Judgment?

We appreciate anyone who can help us make heads or tails of this situation..

[JudyKayTee]

A Judgment/Transcript Civil Case

This Judgment is to Notify You That: Default Judgment PLTF Date of Judgment 1/26/09Judgment was enter against myself and separately my wife for over two thousand dollars [CENTER] [B]

Two questions based on the following Court Ruling located in our web search.

The U.S. Supreme Court has held that Social Security funds deposited into a bank account "retained the quality of 145moneys’ within the purview of section 407[.]" Philpott v. Essex County Welfare Bd., 409 U.S. 413, 93 S.Ct. 590, 34 L.Ed.2d 608 (1973).

Courts have also held that the funds remain exempt from legal process even if they are commingled in a bank account with other funds, so long as they are reasonably traceable to Social Security. NCNB Fin. Servs. V. Shumate, 829 F.Supp. 178 (W.D. Va. 1993), affd. 45 F.3d 427, cert. Denied 115 S.Ct. 2616.

Since the prohibition on the attachment of SSI payments is based on the same statutory provisions as apply to Social Security, i.e. section 207 of the Act (42 U.S.C. 407), the reasoning in these cases would apply equally to SSI payments[/I]


1) My SSI is electronically deposited on a reoccurring bases, vary rarely other money in small amounts less the $300.00 has been deposited. Can they attach/garnish our joint bank account? SSI is our only source of income and my wife is unemployed and not collecting SSI. We are thinking of closing this account if we have to, will this protect us? What happens if we open a new account in another bank?

2) There was a joint bank account set up with my mother as primary and I am secondary. There have been bank transfers between accounts in the amount of $250.00 a month for the rent we pay her. There have also been small transfers between both accounts. My name has been removed as joint holder on account before the Judgment was entered against us. Can a Judgment be entered on her account? If yes, in what way and how much can be levied? Is there any way to protect her because she is in no way involved with this debtor or Judgment?

We appreciate anyone who can help us make heads or tails of this situation..

Your SS cannot be touched. Other monies in that same account CAN be touched. Any account with your name on it can be liened. If you move to another bank the creditor will simply follow you there. Once the lien is filed and the account frozen, then you have to prove which funds are which funds (and in some States once the funds are comingled they are no longer exempt) and until you prove the funds are exempt to the satisfaction of the creditor the account remains frozen.

If your name is NOT on your mother's account, that account cannot be touched. Past history does not matter. However, "small transfers" into your account could cause the SS monies not to be exempt (as explained above).

[ScottGem]

You need to keep any monies not exempt separate. You can then tell your bank that only exempt funds are deposited so they can resist any attempt to attach it.