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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in CAlifornia. THE DMV has attached my bank account

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I live in CAlifornia. THE DMV has attached my bank account for around a $1000 for what they say is past DMV fees. I sent them the change of ownerships but they are ignoring it.
I am a disabled veteran and income is VA disability, Social security, and a state pension. Not only have they taken the money on 2 occasions the bank has charged me $50 each time. I have heard they can't take retirement/disability money. Is that correct?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Disability and retirement benefits are exempt from seizure or garnishment for all debts except student loans, government debts or child support. As this is a government debt, it is exempt from the normal prohibition against garnishment of those sources of income and banks can charge an administrative fee for having to process a garnishment or seizure notice I am afraid.

I am afraid you must file an appeal with DMV and get a hearing over your change of ownership filing to get the fine removed and your money reimbursed now that they have taken this action against you. DMV can reimburse you if you prove you properly filed and that this fine is improperly being collected.



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