Can the bank take money from my account if a judgement is won against me? 5 Answers as of December 12, 2011

If there is a judgment against you then one of the remedies to collect on the judgment is to obtain a bank levy. However, some funds may be exempt from being taken under state and federal laws. You should ask the bank about this or consult an attorney.

If the bank was notified that the funds are solely your son's social security, then it would be judgment proof. If you also have funds in the account, then the creditor can garnish these funds. You may need to hire an attorney to correct this garnishment.

If a creditor wins judgment against you and follow through with bank account garnishments procedures, your bank may allow the judgment creditor to take the funds in your bank account. However, there are many instances when a judgment can be re-opened and the case reviewed again. You should seek out the advice of an attorney to evaluate your legal rights.

The bank may freeze the account if it is referenced by your social security number. The creditor can file an application in a municipal court which requests that the court send out notices to any and all banks listed by the creditor. If one of those notices of bank attachment hits the account, the bank may freeze the account, and you may have to file an application in the municipal court for an Order to release the funds. Otherwise your son's social security check is not attachable legally by creditors, or a bankruptcy trustee if you decide to file a bankruptcy case.

They are not supposed to if the source of the funds are from social security for your son. However, if they find that you are depositing your paycheck (for example) into that account, they may freeze and make you prove the source of funds.