Can a collection agency take money in my checking account if it was deposited from my social security or pension? 10 Answers as of May 21, 2013

Money in checking account from pension plan or SSI can a court judgment be taken out of checking account.

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Victor Varga | Victor Varga
Yes.
Answer Applies to: Maryland
Replied: 5/21/2013
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
Social security and qualified pension funds are exempt from being taken. You should go to your bank of the exempt funds and contact the collection agency to inform them of the exempt funds. If the pension happens not to be exempt then you should have these funds deposited into a separate account.
Answer Applies to: Massachusetts
Replied: 10/18/2012
William Bidwell, Attorney at Law | Bill Bidwell
Yes, the funds are no longer protected once deposited into a regular checking or savings account.
Answer Applies to: Michigan
Replied: 10/17/2012
The Troglin Firm | William M. Troglin
A collection agency cannot touch your checking account unless you give them permission. Social Security deposits are not subject to garnishment, however if a creditor gets a judgment and puts a garnishment on your bank account it will be up to you to show the amount of the funds that are from Social Security and have them removed from the garnishment.
Answer Applies to: Georgia
Replied: 10/17/2012
Harris, Yug & Ohlinger
Harris, Yug & Ohlinger | Roberta Ohlinger-Johnson
In Nevada that money is exempt, but you have to file an affidavit of exemption if the garnishment went through.
Answer Applies to: Nevada
Replied: 10/17/2012
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    The short answer is No. However, they cannot tell from looking at a bank account balance if some or all of the money in there is from social security or a pension. You have to contact the collection agency and tell them, or if it was already done, file a motion with the court. Just because they might ultimately lose, does not mean they will not try.
    Answer Applies to: New Jersey
    Replied: 10/17/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    They are not supposed to. But how are they to know it is from SSI or File an objection to the garnishment timely?
    Answer Applies to: Michigan
    Replied: 10/17/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    It depends on the type of debt. If student loans or taxes then yes. All others -no. But the bank will freeze your account and you will need to take immediate steps to prove the funds are solely social security. You might consider obtaining some advice about bankruptcy. But, please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
    Answer Applies to: Arizona
    Replied: 10/17/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They are not supposed to take it but if they try to take it from your bank account, you may have to go to court to prove that the money is social security and pension money only.
    Answer Applies to: New York
    Replied: 10/17/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Possibly, and generally yes. When the money is in your account it is simply your money and subject to attachment. Under some circumstances it can be protected.
    Answer Applies to: Michigan
    Replied: 10/17/2012
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