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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 20012
Experience:  Knowledgeable in the areas of consumer protection.
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Can a mortgage co. or bank take my savings which are proceeds

Resolved Question:

Can a mortgage co. or bank take my savings which are proceeds of my florida pension and social security?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  Attorney & Mediator replied 5 years ago.
They can take it if the funds are going into a general saving account. Otherwise they can't garnish your pension or social security. So you need to make sure that account is specifically exempted from collections. You typically do this by filing a Claims of Exemption and Request for hearing. This is done only after a judgment is obtained against you.





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Customer: replied 5 years ago.
is there any other way i can protect my savings
Expert:  Attorney & Mediator replied 5 years ago.
You can place them into a trust account, by creating a trust. However if the lender finds out you did this after a suit has been filed they can order the court to treat the trust as a sham.



_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 5 years ago.
no law suit has been filed that i know of . should i assume then that my checking account suffers the same risk?
Expert:  Attorney & Mediator replied 5 years ago.
Without a judgment, they can't take anything. So there is no risk at the present moment.


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 5 years ago.
for a judgement to be effective should i have been served with a notice of any type?i just get calls from collections.
Expert:  Attorney & Mediator replied 5 years ago.
for a judgement to be effective should i have been served with a notice of any type?i just get calls from collections.

Yes notice of a lawsuit.




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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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