Can creditors attach my bank account which has my Social Security payments? 7 Answers as of March 09, 2017

I plan on filing bankruptcy in about 45 days or so. It's not SSI. I have no other source of income. Should I tell them I plan to file or wait till I have an attorney?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
They can attach them, but you can object and the court will release them as they are exempt if there are only social security payment in the account.
Answer Applies to: Nevada
Replied: 3/9/2017
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
In Oregon, up to $7,500 of your Social Security money in a bank account is protected from the claims of creditors, as long as you can identify that money and it is not co-mingled with other sources of money.
Answer Applies to: Oregon
Replied: 3/9/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
The answer to most legal questions is IT DEPENDS. If any money goes into the account other than social security, the protection that the account might otherwise enjoy can be destroyed by a deposit of $20 from bingo winnings or a birthday gift. If the social security does not go into the account from a direct deposit, the bank may not be aware that the account is eligible for protection. And some banks would rather not work to protect your legal rights and make you fight this battle with the creditor. So you may want to start by talking with your bank manager about bank policies.
Answer Applies to: Nevada
Replied: 3/9/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
In my opinion it is best to not talk to the creditors. If you tell them you are planning to file bankruptcy they might just work harder at getting something before you file. Also social security is exempt and hopefully you are keeping it in an account separate from other monies. Did they sue you? You didn't mention receiving a summons and complaint. There is a legal process that must be followed or a creditor can't take any action (like levy a bank account). If you receive a summons and complaint, you have 30 days to file a court document in the case or file a bankruptcy to stop it. Before they sue you most creditors will make a lot of telephone calls and send letters, send the matter to collection, etc. Find a knowledgeable local bankruptcy attorney and have a consultation with them to learn your rights and get prepared if you are going to file a bankruptcy case.
Answer Applies to: California
Replied: 3/9/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
All social security money is exempt from creditors. If they attach the bank account, you will need to get a form from the court house and object to the attachment. Your grounds are that the money is Social Security money and protected by law. The judge holds a very quick hearing. You just need to provide proof of the Social Security monthly deposit. Yes, by all means, tell creditors you are hiring an attorney soon and filing a Chapter 7 BK (I'm assuming that's the applicable chapter in your case).
Answer Applies to: Colorado
Replied: 3/9/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    If your bank understands that the account only has Social Security funds, they are not supposed to allow any garnishments (other than debts owed to the federal government.) So as long as the bank knows this, you do not need to say anything to your creditors.
    Answer Applies to: Oregon
    Replied: 3/9/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you SS payments are automatically deposited they cannot be levied. And.... before anyone tries to levy they have to have a judgement.
    Answer Applies to: California
    Replied: 3/9/2017
Click to View More Answers: