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Alex J. Esq.
Alex J. Esq., Attorney at Law
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Experience:  Experienced Licensed Attorney
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I have a case that has been disposed after a collections garnished

Resolved Question:

I have a case that has been disposed after a collections garnished my bank account which I had deposited my ssi checks, can I appeal to recover the ssi money that was taken?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about your unfortunate situation.

Did all the money in your account came from the proceeds of the social security checks?
Customer: replied 1 year ago.


Yes

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

How long ago was your account garnished?

Have you filed a Motion with the court that has issued the garnishment to set the garnishment order aside?
Customer: replied 1 year ago.


case 2013cm04732 DW was filed 03-07-13 and disposed on 4-16-13 by the clayton county magidtrate in favor of the opposing collection named cavalry services llc assignee

Expert:  Alex J. Esq. replied 1 year ago.
Were you served with the summons and complaint to this lawsuit and did you file an answer and contest this claim against you?
Customer: replied 1 year ago.


Yes my niece received it at her address then forwarded it to me, and no nothing was filed in court on my behalf

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

At this point you would want to consult with a local attorney or if you cannot afford a local private attorney, then you can apply for free or low cost legal services with your local legal aid and a local attorney will be able to file a Motion to Set Aside Garnishment order, based on the fact that the account that was garnished only contained proceeds from your Social Security Benefits and as long as, you can provide proof to the court that all the money in the account were from your Social Security, the court will set aside the garnishment order and the judgment creditor will have to return the money back to you, since under the federal law judgment creditors are not allowed to garnish funds from Social Security, but it is up to the defendant / judgment debtor to prove that the funds that were garnished are actually from SS, as the judgment debtor has now way of knowing it before garnishing the bank account.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13533
Experience: Experienced Licensed Attorney
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Alex J. Esq.
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