LADYLAWYER : Hello Victor, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : Did the creditor serve you with a lawsuit and did you claim any exemption on the lump sum as it is SSDI?
Wait There was no lawsuitand What do you mean claim any excemtions?
LADYLAWYER : When you say the medical provider got permission from the judge to garnish your SSDI, do you mean the judge that awarded you the SSDI?
I do not allow any credits into this account. It shows the $60,000 on my bank statment as from SSDI and I make no transfers etc
NO, The sugery co went through a collection lawyer who then served it to the court
LADYLAWYER : Okay, that is what I thought. If it was "severed" to a court, it means there had to be a lawsuit, a judgment and THEN a garnishment. It's just that the creditor/attorney did not serve you properly with the lawsuit so the judge must have entered a default judgment against you. After the creditor got the default judgment, they went back and asked the court for permission to garnish your account.
LADYLAWYER : Please be patient as I am typing my answer to you.
LADYLAWYER : The attorney did not serve you properly with the lawsuit or the garnishment.
Yes but this is iilegal since these funds are all SSDI
LADYLAWYER : And all of a sudden, the money was getting taken out of your account.
LADYLAWYER : I know that.
LADYLAWYER : I am getting there.
LADYLAWYER : First of all though, you are going to have to file a motion to set aside and vacate the default judgment. Unless you don't care that it is on your credit.
LADYLAWYER : Does that matter to you or no?
LADYLAWYER : If not, there is a different procedure.
NO, so how do I do this AND what can I do to prevent this from happening again? I am 1005 disabled and have mental disorders and I can not take this. They can not take my money. I will sue them and I want the money given back to me by bank ASAP
LADYLAWYER : You can get this taken care of either way because it is not able to be garnished, you are right about that. If you don't care about your credit, the just file a motion to quash the garnishment with the judge and tell him that the money is your SSDI. Once you do this, an order will go back out to the creditor and they will have to return your money.
LADYLAWYER : the court doesn't automatically know this is your SSDI and neither does the creditor.
LADYLAWYER : You have to let them know and only after that can the judge rule it cannot be taken.
LADYLAWYER : it should not have happened because you should have been served a lawsuit and at that point, you should have been able to let the court know it was SSDI, but the creditor did not serve you properly, it would seem.
Can I argue with my bank to give me back my money (Provisionally) ?
LADYLAWYER : No, the bank has to follow the order from the court.
How do I file a motion? Fees etc?
LADYLAWYER : It is the judge who has to tell the creditor that the account it exempt. There are a FEW banks that will not let creditors garnish an SSDI account but I don't have the list in front of me. Yours is obviously not one of them, unfortunately. What county do ou love in? I can see if your jurisdiction has the forms online you will need.
LADYLAWYER : *do you live in
Can I file a lawsuit for mental anquish or more since I am very nervous and I am contacting someone at a crisis facility to talk!!!
I live in Passaic County in NJ
LADYLAWYER : No, unfortunately. I understand that this must be terribly upsetting for you and I am so sorry. But the court would look to whether a "reasonable" person would suffer emotional distress amounting to a lawsuit from this and the answer would be no. It may be that your mental state, as you say, is what is causing the extra anguish here and the court will not take that into account.
LADYLAWYER : Please give me a few minutes to see what I can find online for you.
On the Writ of execution it BOLDLY says SSDI money can not ne taken how could it have been done when it is on this in plain writing itself. This is grounds for a lawsuit in itself
I am so scared this will happen again too
LADYLAWYER : The issue is that neither the judge NOR the crediotr know this money is your SSDI. That is why you have to tell them. As soon as you do, the money will be put back into your account.
Once I notify the court and my bank would that stop it from happening
LADYLAWYER : I understand. I don't know that your particular bank will stop, but there definitely are a few banks out there that will not let SSDI be garnished as long as the money is not comingled with any other money.
I also saw online that banks have a duty to protect this from happening. Even if they were notified or not.
LADYLAWYER : Okay, NJ does not have a Motion to Quash a writ of execution online. I can show you what one looks like and the NJ one would be very similar, but it's not from NJ: http://www.findforms.com/single_form.php/form/291407/Motion_for_Hearing_District_Court_of_Connecticut_District_Court_of_Connecticut_Connecticut.
LADYLAWYER : You can't believe everything you read online. There is a lot of misinformation out there. Banks are not legally charged with keeping this from happening. They have to follow the court's order.
I am still going to file a suit! I am so disturbed I have an ambulance on the way
LADYLAWYER : Like I said before, normally, you should have been notified that the money was going to be taken BEFORE it happened and all you would have had to do was file a claim of exemption with the court stating it was SSDI. But the court either didn't serve you properly or something else happened and the court entered a default judgement.
LADYLAWYER : Okay, I understand. But please remember that this is a very small amount of money out of the 60k and you will be able to get it back.
LADYLAWYER : if you have no further questions, would you kindly mind leaving me a positive rating before you go? Thank you so much and I will say a prayer for you.