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Is her only income from social security?
no she also receives a pension she is a retired school principal
Social security and most pensions are exempt from collections,
however banks will try to freeze bank accounts as they are assets,
she would have to file an exemption form and submit it to the bank and creditor to show that the bank account is exempt
that is what is happening
do i get the exemption form from the bank?
The judgment creditor can send your bank a notice that it wants your account garnished. The bank then notifies you of the garnishment attempt. You are given 14 days to file objections with the court. The court has a form # XXXXX for this purpose. A hearing is scheduled after you file the form. If you prove that the money in your account is exempt Social Security, then the court will not allow the garnishment to continue. When income other than Social Security is also in the account some judges allow garnishment of the entire amount.
pension benefits can not be garnished before they are paid to you. Once you receive the pension income it can be garnished, for example if you deposit it in a bank account. If you are aware of a threatened lawsuit or a court judgment against you, consider paying your bills in cash or money order as discussed above rather than depositing your pension check in an account where it could be garnished. For child support or divorce obligations, your pension benefit can be reduced before it is paid to you.
Ok that must be the form I filled out her court date is next thursday. if i get a statement from the bank showing her only deposits are from social security and pension will that be enough?
yes, and considering her age they will believe it,
thank-you very much
Her pension may be an issue, as stated above, it should be cashed and not deposited,
Also, a bankruptcy filing would clear all the debts as well, and may want to be considered as well If satisfied with our service please press the accept button.
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