Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
The link below will show you a list of items you can claim as exempt from execution or garnishment in CA. You do not need to file BK to claim the exemptions but you can if you want to get the debt discharged so they do not attempt to collect on your "non-exempt" assests should you have any or win the lotto in the future.
Under the State law exemptions, if you do not file BK, you can exempt upto 2500 dollars in equity in one motor vehicle under 704.010. Under 704.080 you can exempt upto $2700 in SS benefits that have been directly deposited in an account.
JA experts are not permitted to have outside communications with JA customers. However, you may be able to find an attorney in your area to further assist you by going to http://www.martindale.com/.
Please click "ACCEPT" so I may get credit for my time. If you have a follow-up question, I would be happy to address it for you at no additional charge.
If you do not file BK and just want to claim an exemption, then the law will allow you to claim upto $2700 in SSI in an account as exempt from garnishment. So if they try to garnish the account, say today, and you have $$5700 balance right now, the creditors can garnish $3000. This is assuming that the $5700 got into the account through direct deposit (assuming from the SSA).
In this case, you would fill out an exemption form at the time that they serve you with the writ of garnishment and the form to claim the exemption usually comes with the writ.
If you do file BK and choose the federal exemptions instead of the state exemptions, then 100% of your money received from SSA is exempt from garnishment.
If you file BK and claim the federal exemptions then there is no problem, your SSI is safe even if it is not direct deposit and there is not cap in the amount.
If you decide to not to file BK and thus decide to claim CA State exemptions, the rules require that the SSI must be deposited in to your account by direct deposit. So, if you are not gettting SSI payments through direct deposit, you need to see if you can get that done. Then, you will be able to claim upto $2700 of it exempt. So, lets say that you get 3 direct deposits for $1,000 and do not use any of the money so that now you have $3,000 in the account, the creditors can get $300 of the $3000.
OK . THX , SO . UNFORTUNITLY , I NEVER HAVE MORE THAN 1.000.00 IN MY ACCOUNT THEASE DAYS . AND MY CAR IS AND OLDER ONE . MAYBE WORTH 3000.00 IF IM LUCKY . SO THEY CANT GET ANYTHING FROM ME . IF THAT IS CORRECT . THEN THANK YOU FOR YOUR TIME .
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).