How do I get a credit card company to stop taking my 10 year old’s SSI payments?

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How do I get a credit card company to stop taking my 10 year old’s SSI payments?

They cleaned out his MUTMA account which had both of our names on it and they are taking his quarterly checks that comes from Dept. of Treasury which also has both of our names on it. The debt was mine from years ago but that don’t give them the right to take a minors money, correct?

Asked on November 15, 2010 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, the problem is that they are taking what they think is your money because your name is on the account and the checks.  What you need is someone to help you with this.  Try any debt counseling service or legal aid.  Now, SSI is not generally garnished - able to be taken - by anyone in payment of a debt.  If, however, it is being deposited in to a bank account that is garnished then it may be able to be attached.  You need to stop the garnishment.  You need to go to the bank and file something with them about the SSI benefits.  You need to bring an action in court as to the order allowing the garnishment.  And you need to make a deal with the credit card company as to repaying the debt or it will never end.  Good luck.


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