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?
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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 12 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.
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