What to do if an account containing only SSI funds was frozen?

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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 10 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.


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