If there is a judgement awarded against me for past credit card debt and I am the representative payee for my sons social security bank account, can they freeze that account?

Get Legal Help Today

 Secured with SHA-256 Encryption

If there is a judgement awarded against me for past credit card debt and I am the representative payee for my sons social security bank account, can they freeze that account?

Asked on December 11, 2011 under Bankruptcy Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Assuming there is a judgment against you, the judgment creditor would not be able to legally levy upon your son's social security bank account assuming you hold the account on his behalf as "UTMA as its custodian."

I would make very sure that the bank account simply lists your son as the owner of it and that you are its custodian since he is a minor. In the event there is a judgment against you and the account is levied upon belonging to your son, you will need to immediately serve and file a claim of exemption contesting the levy on the grounds that the levy is on an asset that is not yours.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption