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    taggart123's Avatar
    taggart123 Posts: 1, Reputation: 1
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    #1

    Apr 30, 2014, 12:36 PM
    I am representitive payee for minors SSDI check, can bank use it to satisfy an OD
    In my own personal account that is in my name only? If they do, how would I recover the payment amount?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Apr 30, 2014, 12:41 PM
    If those funds were comingled... yes they can. Its not a garnishment...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Apr 30, 2014, 01:09 PM
    Once funds are deposited in an account they are commingled. They lose any protection as exempt sources.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Apr 30, 2014, 02:05 PM
    That and the fact this is money owed for overdraft protection... basically what would have been bounced check fees on that account to that bank.. are not exempted under any law or regulation no matter what the source. Its not a judgement and its not a garnishment.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #5

    Apr 30, 2014, 02:47 PM
    Incidentally... I know this for a fact... my wife has worked in banking for 17 years so far. If you owe the bank for any fees related to that account... they can, do, and will simply take them as soon as any deposit posts. Ahead of any and all checks written against the account.
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