What to do if an account containing only SSI funds was frozen?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if an account containing only SSI funds was frozen?
I am payee for my disabled 28 year-old son. credit card lawyer froze my bank account. The only money in the account was an SSI check. They said get proof did until I do they will not unfreeze my account. I told them that I would see what other recourse I had. They said that I was threatening them and would receive a notice in about 3 days . I don’t know what to do.
Asked on January 10, 2011 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So let me understand: the money in your bank account is your son's SSI check? Is his name on the account? And it is your credit card debt that they are attaching? You first need to notify your bank that the only funds going in to the account are SSI disability payments and they are exempt from attachment. Unfortunately banks, though, are not under an obligation to determine that themselves. And do not be afraid to speak the truth and your mind to the attorney. They are just posturing. You need to send them a letter by certified mail advising them that the funds are exempt from garnishment. You can make an application to the court as to same which may be a good idea. Again, though, you will need proof. You may want to re-think how you are having the funds deposited for the future. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.