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    loveamericana's Avatar
    loveamericana Posts: 4, Reputation: 1
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    #1

    Nov 10, 2009, 07:35 AM
    Safe deposit box and children joint accounts in jeopardy?
    :confused: I live in Michigan and I have several credit cards, in my name only, that I can no longer pay on due to a decrease in my income. When I notified the companies that my income had decreased by half they refused to accept lower payments or work out a more manageable payment plan. I have since stopped paying anything on these cards and they are now being sent to collection agencies. I receive a social security disability income and my husband is still employed, and his check is deposited to a joint checking account. I'm aware that my income cannot be garnished but my income is on a direct deposit into a joint account with my husband. Can this account be frozen? What about the account my husband's check is deposited to? What about all of the savings and checking accounts that my children have with my name as joint? Are these accounts in jeopardy of being frozen for my delinquent debts? Is my safe deposit box in jeopardy as well?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Nov 10, 2009, 03:39 PM

    Any account that you have your name on such as your children's accounts can and probably will be garnished. Take your name off those accounts as soon as possible. Also, have your husband open up his own account as your joint account can and probably will be garnished. If you have your SSD deposited into an account with your name only on the account it cannot be garnished or seized or frozen. Take your name off the deposit box as well.

    You need to inform the credit companies that you receive only disability and have no other income. Do this as soon as possible.
    loveamericana's Avatar
    loveamericana Posts: 4, Reputation: 1
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    #3

    Nov 11, 2009, 08:19 AM
    Quote Originally Posted by twinkiedooter View Post
    Any account that you have your name on such as your children's accounts can and probably will be garnished. Take your name off those accounts as soon as possible. Also, have your husband open up his own account as your joint account can and probably will be garnished. If you have your SSD deposited into an account with your name only on the account it cannot be garnished or seized or frozen. Take your name off the deposit box as well.

    You need to inform the credit companies that you receive only disability and have no other income. Do this as soon as possible.
    Do you know how soon when the accounts go into collections that they start freezing my bank account? When I check my bank account on line, is there a way to tell if the account is already frozen? If I inform the credit companies of my disability income, would that stop there collection process? Will it stop them from freezing my bank account? Can these collection agencies interfere with my other credit card companies that I'm paying without delay by forcing them to remove my limit?
    DownUnder's Avatar
    DownUnder Posts: 492, Reputation: 24
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    #4

    Nov 11, 2009, 12:24 PM

    You first have to have a judgement issued from the court before any account can be frozen,and as stated above your ss check going in to an account with your name only can not be garnished for cc debt.
    lwaddey216's Avatar
    lwaddey216 Posts: 1, Reputation: 1
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    #5

    Feb 7, 2011, 03:27 AM
    It does not matter if the collection agency knows that your only income is considered exempt from garnishment or levy. Once they take the case to civil court and the judge approves the garnishment, they can and will execute a levy on any bank accounts that have your name on them. They don't notify you, nor does the bank until a few days after the funds have been removed by the levy. And they will take everything you have in the account, up to the amount they are collecting. The ONLY way to protect yourself is to file an exemption on your assets. You will have to go to the civil session clerks office and file this paperwork, and they will charge you a fee for each garnishment you are filing an exemption on. Don't think that one exemption form will cover any cases of garnishment against you. I am dealing with the same experience, and the collection agencies and attorneys do not care if they know your income is exempt. They will go after it anyhow, get it, and then you have to go to the courthouse, file a motion to quash, pay another fee, and then go before the judge to state your case. Better to file the exemptions on your accounts... the civil sessions court office will be able to tell you what the limit amount wise that you can claim as exempt. Good luck!

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