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Should I sue the bank and lawyer that levied my social securty
My social security was deposited on the 3rd like every third of the month. When I started paying bills it was NSF so I called the bank and they said oh we are going to mail you something out soon telling you your monies have been levied. I told them it was against the law to garnish or levy social security but all I got was total disrespect and rudeness. I asked them who did the levy and they didn't know they only had a phone number. They could have gave my monies to a stranger for all I know. I called the law firm handeling the case and more disrespect and rudness so by that time I admit I was a total ***** (sorry) lol. I have my electric shut off now I have overdraft fees coming in it is just one big mess after another. Now they had me show proof and file an exempt form. What proof do the need the deposit clearley states U.S. Treasury social security deposit. How much more do they need.
Dawn |
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Ok first of all the creditor does not know that your money is from ss. All they know is they have a court order from a judgement to seize any money in your account. It is your responsibility to prove the money going in to that account is from ss and you will have to bring bank statements to court to prove it. Sorry but if you knew you had a judgement then you should have stopped direct deposit. |
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Yes, they did not garnish the social security check, it went into the bank. They are allowed to freeze all money in your bank account, Now you will have to prove that the only money in the account comes from that check. For now, you want to stop any direct deposit ( should have done that as soon as you knew they had a judgement) and work off cash. You cannot sue anyone, the bank got a court order to freeze the money, they are required to freeze it until they get a court order to release all or part of funds. The other side attorney cares less except that they want to get the money for their client. All of the duty and responsibility of proving the case is yours. You can not sue anyone |
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They did not levy your SS, they levied your bank account. Neither the creditor nor the bank had knowledge of what was in the bank account. All they knew was that they received a court order to attach the account. As DownUnder stated, you knew there was a judgment against you. You should have taken steps to protect your assets when the judgment was awarded. |
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