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    dylandog333's Avatar
    dylandog333 Posts: 1, Reputation: 1
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    #1

    May 18, 2007, 04:23 PM
    Attachment of Bank Account
    I live in New York and tried to use my ATM card today but was denied for insufficient funds. Upon calling the bank, I found that a creditor had attached our bank account. My husband is retired and receiving his pension, SS disability, and VA disability. The SS check is directly deposited, but the pension and VA check is mailed to us and we deposit them. 98 % of the money in the bank is from these checks. What can we do ? This is all of our money for our bills and my husband is disabled. The bank even charged us a fee on top of holding all of our money. Thank You for any information you can give us.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 18, 2007, 05:04 PM
    First who is the atachment from, who owes the money? To get an attachment to freeze your bank account there had to be a court case and someone got a judgement.

    Where you notifed ( served) about a judgement, ** it may have been several years ago even.
    So you have to see who has the judgement, was it served properly.
    If not you can hire an attorney and ask for the judgment to be overturned because of improper service.

    If the debt is a joint debt and the judgement is valid, there is little you can do. If the debt is just for one person, the other can file an injured spouse filing with the court to release their money from the bank, but you have to prove which money is whose

    First you need to contact SS and stop that direct depost NOW, if it goes in, it will be taken also.

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