What to do about a writ of garnishment on a bank account with only Social Security income in it?

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What to do about a writ of garnishment on a bank account with only Social Security income in it?

My mothers bank account was garnished by a law firm for an unsecured prior debt and they are trying to collect a writ of garnishment on her Social Security.  They want her to go to court for this but she cannot and nor can I afford to pay for representation.

Asked on October 18, 2010 under Bankruptcy Law, Florida

Answers:

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

Answered 10 years ago | Contributor

You need to have your Mother execute a Power of Attorney form naming you the Power of Attorney.  Creditors can not garnish social security payments if that is the only money that is going i to the account under Florida's Asset Protection Law.   You need to go downs to the bankand ask to fill out an asset exemption form that they probably have available indicating that the assets are protected as direct deposit social security funds.  Then you may need to go down to court yourself on your Mother's behalf.  Bring the Power of Attorney form, a copy of her social security award letter and a copy of her bank statements (maybe the last 3 months) showing that all that goes in to that account is social security funds.  Contact any agency that helps the elderly for help here too. Good luck. 


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