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
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
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
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