Ssd Checking Account

[whoknew]

What is the name of your state? Mass

I have a judgement against me for a credit card debt from 1998. The judgement was issued in 2003 and in Mass it lasts for 20 years. I was not able to attend the hearing because I was in the hosp. recovering from heart surgery.

I know that it is far too late to try and get it reversed but, I have a very important question. Since my surgery I have been on total disability. My only income is from SSD.

CAN MY CHECKING ACCOUNT BE SIEZED WITHOUT A HEARING!! I have read some posts that people have had their accounts siezed without being notified in advance. I don't really know if their debts were were currant or old, but it worries me. I have no income other than my SSD. I also read that SS acounts cannot not be siezed. However, if they sieze it until I can prove it's my only income, I'll be in big trouble.

Please! can someone ease my mind (or not)

Thanks in advance!!

[whoknew]

I just read someone elses post about garnishment and the respose was " you don't know until your bank notifies you" That's unbelievable! They can just walk in and get a judge to garnish your checking account without you being able to defend. Something wrong with that!

[Ladynred]

CAN MY CHECKING ACCOUNT BE SIEZED WITHOUT A HEARING!!

Yes, it can. If a writ of attachment/levy is served on your bank, they will freeze the money in it regardless of what the source of your income is. SSD is 100% EXEMPT, but the bank doesn't know or care where the money comes from once they get handed that court order. You will be able to get the funds back once you prove that the money is all from SSD.

They can just walk in and get a judge to garnish your checking account without you being able to defend.

They have a judgment against you already. The judgment creditor has every right to use any and all legal means to enforce collection of that judgment. If they told people BEFORE they were going to seize accounts, they'd never get a dime now would they ??

Something wrong with that!

It may be nasty, but there's nothing inherently wrong with it. You know about the judgment, you know you owe the money and have not paid up - so the law says they can take what they can find in non-exempt assets.

In your case, they can't keep any of it, and if you're permanently disabled, then they have little chance of ever collecting - unless you have property they can put a lien on.

I would suggest you file your exemptions with the court ASAP.

[whoknew]

Lady in Red; Thank you for your response. As usual your reponse is to the point, honest and most of all, easy yo understand! Of course all of your answer were correct. I do owe the money, I have not paid up, and they have a right to go after it. Sometimes I let my behind run away with my mouth.

I will go forward with filing for exemptions.It would be devistating to me to have my funds tied up since I have to pay for health ins. (supplemental) and all of my scripts.With all the problems I have BC/BS would love to have me miss a payment. I have no other income other than the SSD. I do not own anything except a 16 yr. old car.

Can you tell me what the procedure is for filing for exemptions. Is there a form some where I can download as an example?

Thank you again.

[Ladynred]

Call the court clerk at the courthouse, tell him/her that you want to file your exemptions. Most have a form you can fill out. Some may even be on-line if your local courthouse has a web site.