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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17223
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My 91 year old mother has a judgement against her from a credit

Resolved Question:

My 91 year old mother has a judgement against her from a credit card company that is at least 10 years old the judgement is 4 years old. My mother receives social security and a pension they are now coming after her bank account where the two checks are deposited. i started bankruptcy proceeding for her several times and have a certificate number but I have not completed it because I keep thinking they will stop but they keep coming back. She has a court date for next thursday and i stated the reason she was protesting the garnishment is because it is against the law to garnish social security and pension. I would like to know what all I have to do to make this permenantly go away.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

Is her only income from social security?

Customer:

no she also receives a pension she is a retired school principal

WALLSTREETESQ :

Social security and most pensions are exempt from collections,

WALLSTREETESQ :

however banks will try to freeze bank accounts as they are assets,

WALLSTREETESQ :

she would have to file an exemption form and submit it to the bank and creditor to show that the bank account is exempt

Customer:

that is what is happening

Customer:

do i get the exemption form from the bank?

WALLSTREETESQ :

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.

WALLSTREETESQ :

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.

Customer:

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?

WALLSTREETESQ :

yes, and considering her age they will believe it,

Customer:

thank-you very much

WALLSTREETESQ :

Her pension may be an issue, as stated above, it should be cashed and not deposited,

WALLSTREETESQ :

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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