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If a bank account is frozen but it has only exempt funds in it SSDI what happens the When and how should you notify the creditor that the money in the account is exempt?
Wiki User
∙ 16y ago
Here is a quote of the federal law which exempts SSDI funds from being levied. Title 42 U.S.C. 407 provides: "The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law A Social Security Act provision, 42 U.S.C. 407, which prohibits subjecting federal disability insurance benefits and other benefits to any legal process, bars a State from recovering such benefits retroactively paid to a beneficiary. You may have to provide copies of bank statements, deposit records to prove money in the account were from SSDI. Good Luck...
Wiki User
∙ 16y ago
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Can a creditor freeze va disability account?
No. Disability benefits are exempt from judgment creditor action. However, if the benefits are commingled with monies that are not exempted an bank account can be frozen by court order until it is determined the amount of funds that are exempted from seizure.
Can you make payments to a creditor who froze your bank account?
Payments can be made from out of the frozen accounts simply by authorizing the bank to transfer the money in the frozen account directly to the creditor.
Can the lender freeze a bank account?
Bank accounts can only be "frozen" by a court order. A lender can request a court to take such action if it can be proven that the debt has plans to remove the funds from such accounts. Bank accounts can also be 'frozen' when they are jointly held so the non debtor account holder can provide documents to the court showing the portion of the funds in the account that belong to them and are exempt from a judgment creditor.
What happens if a judgment creditor places a levy on a bank account and the account balance is less than the judgment amount?
You get fined a fee by the bank, your account is frozen, and they will probably come after your paycheck through garnishment (even if the levy is removed) Levy is a step, garnishment follows.
Can a joint bank account be frozen by a judgment creditor?
A joint account can be frozen by a judgment creditor of one owner. That can cause not only an indeterminate period of inconvenience for the non-debtor owner but also may result in the loss of half of the funds in the account. You should not open a joint account with another person who has a history of debt problems. You can read more about frozen bank accounts in general at the link provided below.
Should you notify a creditor that your income is exempt from being garnished and inform your bank that your account may be 'frozen' due to a civil lawsuit?
Yes, it may or may not make an impact on the creditor's decision to pursue litigation, but it can do not harm. In the case of the bank, the bank can be notified that the account holds exempted funds, but it is the decision of the bank whether or not to comply with the judgment writ. If an account is joint or the funds in the account are questionable as to exemption or ownership, the bank generally request the court to 'freeze' the account and make rule on the validity of the judgment levy.
Can a permanently disabled person's bank account be frozen from a debtor?
Your accounts could be frozen or seized depending on the laws in that state but if you are collecting disability that money is exempt.
Can an individuals savings account be frozen by a creditor?
Yes, if the customer is found to be fraudulent or the origin of funds in his accounts are not properly documented. If the bank suspects money laundering or terrorist activity in a customer's account, it can be frozen
Who can 'freeze' a bank account in Georgia?
A bank account is "frozen" by the court upon request of the plaintiff or judgment creditor for a specific period of time. This action is sometimes used on joint accounts to give the account holders time to claim any exempt funds (SS benefits, monies belonging to a non judgment account holder, etc.) in the account before a bank account levy is granted. A bank account can only be "frozen" by court order or by the banking institution itself when there is proof that the account has been tampered with (identity theft, etc.) or other issues.
Can credit card company garnish a private pension deposited in your bank account in New Jersey?
Some private pensions are not protected under state and/or federal law. All SS benefits are protected under federal statute from creditor attachment as are all government and military pensions. Any benefits that are exempt from creditor levy should never be commingled with other funds in the same bank account, to do so could result in the account being"frozen" until the court rules on how much of said monies are exempt from levy. The best option is such cases where it is unclear if pension benefits are protected is for the holder to obtain legal advice before a creditor seeks legal recourse.
If you are delinquent in repaying your credit card debt can your bank account be 'frozen' if the account is with a different bank than the one in which you hold an account?
Even though I do believe your privacy policy has been invaded, I do believe the bank can freeze your account. Answer Yes, if the creditor obtains a judgment by means of a civil suit against the debtor the judgment can be executed as a bank account levy, this means the judgment creditor can remove all non exempt funds from the account until the judgment is paid. Where the account is joint and only one of the account holders is being sued and/or the creditor plaintiff believes the defendant debtor may try to withdraw all the funds the plaintiff can request the court to 'freeze' the account until the suit is settled.
Can you freeze a bank account when the money does not belong to the account holder?
From experience (as far as I know), if you are a joint holder of the frozen bank account, yes, they can garnish, but check your state statues because you may be exempt from garnishment.
