What is the name of your state (only U.S. law)? NJ
Hello .. Earlier today I posted regarding a bank account levy for my disabled mother with the assumption that they would return the money due to her money all being exempted as disability. That is not the case so this is a whole new question...
The lady at the collection place said the money would not be returned due to comingled funds in the account as when you look back over 30 days you can see that other deposits were made.
Here are the questions:
1. The day the money was frozen, it was ALL SS money in the account. A SS deposit had come through the day prior and there was less money in the account then the SS money at that time so it is clear that the direct source of the frozen funds was SS money. Does that matter?
2. Her custom was to withdraw several hundred dollars after her SS check came in (because she was afraid of this very thing happening). She would deposit money as necessary as bills came in. So, in effect, she withdraw then redeposited the SS money. She has no other income and those other deposits were the money she withdrew being put back in and I can show that over the month period, more money was cash withdrawn then cash deposited. There is one deposit that reflects $500 I loaned her for a week until her disability came through and I can show the canceled check where she paid me back the next week.
3. What is my next stop? If the above matters at all do I share that with the collection agency or should Itry to go right to court?
Thanks for any help!
Hello .. Earlier today I posted regarding a bank account levy for my disabled mother with the assumption that they would return the money due to her money all being exempted as disability. That is not the case so this is a whole new question...
The lady at the collection place said the money would not be returned due to comingled funds in the account as when you look back over 30 days you can see that other deposits were made.
Here are the questions:
1. The day the money was frozen, it was ALL SS money in the account. A SS deposit had come through the day prior and there was less money in the account then the SS money at that time so it is clear that the direct source of the frozen funds was SS money. Does that matter?
2. Her custom was to withdraw several hundred dollars after her SS check came in (because she was afraid of this very thing happening). She would deposit money as necessary as bills came in. So, in effect, she withdraw then redeposited the SS money. She has no other income and those other deposits were the money she withdrew being put back in and I can show that over the month period, more money was cash withdrawn then cash deposited. There is one deposit that reflects $500 I loaned her for a week until her disability came through and I can show the canceled check where she paid me back the next week.
3. What is my next stop? If the above matters at all do I share that with the collection agency or should Itry to go right to court?
Thanks for any help!