What is the quickest way to stop a garnishon an acountthat is solely funded by social security disability income?

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What is the quickest way to stop a garnishon an acountthat is solely funded by social security disability income?

A law firm is garnishing my bank account, but I was never notified of this, and they never checked to see what income I had. They have already taken $50 from a Medicare check that I put into my account. For them to remove the garnishment, I must fax them 3 months bank statements and my disability awards letter. They said that it is going to take a long time to get the garnishment off of my bank account, even with the proof that they are illegally garnishing government benefits. What can I do to make them give me my account back and the money illegally taken from it?

Asked on October 7, 2010 under Bankruptcy Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

You need to go to court to get an injunction to stop them from garnishing your account (also known as a temporary restraining order) and indicate in your petition that these funds are protected funds against the levy of creditors.  Give the Court the same proof that you faxed to the attorneys.  And then serve a copy of the order on the bank so that they are aware that they should not continue garnishment.  Also cite that you were never served with notice of a proceeding - something you are going to have to do to have the judgement opened up at some point in time.  I would seek help from an attorney in the area or a debt counselor or any agency that helps the elderly.  Good luck.


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