What is the quickest way to stop a garnishon an acountthat is solely funded by social security disability income?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the quickest way to stop a garnishon an acountthat is solely funded by social security disability income?
A law firm is garnishing my bank account, but I was never notified of this, and they never checked to see what income I had. They have already taken $50 from a Medicare check that I put into my account. For them to remove the garnishment, I must fax them 3 months bank statements and my disability awards letter. They said that it is going to take a long time to get the garnishment off of my bank account, even with the proof that they are illegally garnishing government benefits. What can I do to make them give me my account back and the money illegally taken from it?
Asked on October 7, 2010 under Bankruptcy Law, Kansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You need to go to court to get an injunction to stop them from garnishing your account (also known as a temporary restraining order) and indicate in your petition that these funds are protected funds against the levy of creditors. Give the Court the same proof that you faxed to the attorneys. And then serve a copy of the order on the bank so that they are aware that they should not continue garnishment. Also cite that you were never served with notice of a proceeding - something you are going to have to do to have the judgement opened up at some point in time. I would seek help from an attorney in the area or a debt counselor or any agency that helps the elderly. 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.