SSDI Hold on joint account
teranews
joint account was on hold due to a medical lean. I was told by the bank
(M&T) that I had money in the account that was not from SSDI so the
medical lean could freeze my account up to 2.5 times the lean amount.
MY major money is from SSDI and a small amount from my wife part time
job. Can they hold the account even if the major amount is SSDI?
I called a Local lawer and was told the minimum amount he would charge
is more than 1/2 of the total lean. How can I get my SSDI released as
they say it is a joint account and they are taking the other money that
is put in my account? The bank refuses to work with me as they said it
was a joint account and it can be frozen. I live in NY.
Thanks
Kenny
** Posted from http://www.teranews.com **
Nonna Yabisness
teranews <ke...@ula.com> wrote:
I am not an attorney and I cannot give legal advise.
Others here will likely venture their own responses.
Who is the medical lean against?
If it is against you, funds of an SSDI nature cannot be garnished for
such a debt. Past threads here have given chapter and verse of SSD
regulations for that but can be reposted if necessary.
SSDI can only be garnished in instances of child support and certain
federal tax debts.
If against your wife, I'd suggest contacting your nearest social
security office and get a letter stating how much is SSDI funds that
are regularly deposited so those funds can be placed into question
regarding garnishment.
Banks often do not grasp SSD regulations regarding garnishments of
funds and only react to what ever legal writ is in front of them at
the time. You will need to display the SSD letter and quote th
eregulations to them. If they fail to stop transfers they could be
held responsible
Lastly, open separate bank accounts. You can only help assure
preventing future garnishments when your SSDI check is in its own
account.
Since it is a joint account they can question what is and what is not
SSDI.
--
Nonna
mb_...@bellsouth.net
I'm not going to delve into the specifics of your current situation as
I am not familiar with NY law, but I can tell you it appears the
biggest error on your part was the co-mingling of funds in an account
in which your SSDI was deposited. If I were you, I would go
immediately to another bank (not another branch of the same bank) and
open a new account. Notify SSA to begin direct deposits into this new
account and *NEVER, EVER* deposit any other money into that account.
While it is generally true that SSDI funds cannot be garnished to
satisfy most debts, you have complicated the matter by the co-mingling
of the funds, and it puts an additional burden of proof on you to
prove which funds in the account are from SSDI. If they try to
garnish the new account, you can respond to the garnishment order by
telling them the new account contains only protected Title II funds
from SSA.
BTW, in the context used, the word is lien, not lean.
Relayer
Ken, this is how a garnishemtn works,
1. You are obviously sued by the company and summoned to court
2. You go to court and explain the situatiom
3. If youjust fail to show, a discovery of assets is issued by the
courts
3. Garnishment orders have to be signed off on by the judge
You have not only one but two chances before the garnishment to stand
before a judge
Some states do not require the summons to be served by a process
server. Some even allow US mail not certified
Where did you fall out of the loop?
Thats why it's important to open every piece of mail you receive,
regardless of what it looks like
4. They won't garnish if you show you are on SSDI.
Relayer
Also, the others are right. Just find a new bank and open a SSA only
account along with another for your wife. Some do it for free, some
for $25 or whatever. Once you have your account number, change it via
SSA, and use it basically for SSA deposits only, although you are best
off transfering the $$ yu need when you need it into your wifes to pay
the bills. I have three accounts I transfer money around in (it's
pathetic because it's such a Donald Trump thing to do with such a
small amount. DO NOT give your account number via a check or anything
else from your SSA account.
Relayer
here are the procedures for NY
http://www.fair-debt-collection.com/state-garnishment-laws-4.htm
Jim
"teranews" <ke...@ula.com> wrote in message
news:MPG.234b1162c...@free.teranews.com...
You need to set up an account that NOTHING goes into but SSDI. It is the
only way to do it. The money that is gone, is gone. Keep your money separate
from your wife. I had to do this; me and my 3 kids all get SS payments...
HTH, Jim
PMP4Hire
service designed for folks receiving SSDI, SS and SSI.
Read FAQ section to learn more.
You cannot deposit funds in a Direct express account so
your SSDI funds are safe from creditors.
Problem solved!
Tom in AZ
alta47
account FDIC insured? -- apparently, no.
"PMP4Hire" <TomWe...@gmail.com> wrote in message
news:99fcefb0-4a57-4a84...@z72g2000hsb.googlegroups.com...
Relayer
> And, is the money you put into thehttp://www.usdirectexpresscard.com
> account FDIC insured? -- apparently, no.
>
>
> news:99fcefb0-4a57-4a84...@z72g2000hsb.googlegroups.com...
>
>
>
> > Setup an account athttps://www.usdirectexpress.com, a website
> > service designed for folks receiving SSDI, SS and SSI.
> > Read FAQ section to learn more.
>
> > You cannot deposit funds in a Direct express account so
> > your SSDI funds are safe from creditors.
>
> > Problem solved!
>
>
> - Show quoted text -
The Direct Express is simply a debit MasterCard is issued by Comerica
Bank so it probably is but I don't see how it's different from any
other segregated account that has a Visa/MC debit card attached.
alta47
and it describes it as a way to have the card without having a bank account.
So, I'm thinking, no bank account = no FDIC insurance.
Also, in response to their online question, "Is it safe?", there is nothing
in the answer that says anything about the funds in the account being FDIC
insured.
---------------------------------
"Relayer" <relay...@aol.com> wrote in message
news:0a5c82de-be1f-4b3c...@m3g2000hsc.googlegroups.com...
JIM
"Relayer" <relay...@aol.com> wrote in message
news:0a5c82de-be1f-4b3c...@m3g2000hsc.googlegroups.com...
I'm assuming that he means you cannot have DIRECT DEPOSITS to the
account. If this is so, there is NO FREAKING WAY you can prove the money is
from SSA and it is then WIDE OPEN to garnishment or confiscation. So what
Tom says is actually the OPPOSITE of the truth. I knew he was kf'd for a
reason....
Howabout it, Jack? Am I right?
Coleah
1. There was a credit lien against you or your wife.
2. SSDI can not be directly garnished (as in having SSDI reduce your
monthly check size and send a portion of what you would have gotten
directly to the medical lien holder).
3. What happens to your funds AFTER SSDI sends it [to wherever you
have authorized them to send it (to a bank as direct deposit or your
home mail box as a check)] is out of SSDI's control.
4. A credit lienholder will 'tap' whatever financial resource they
can find, unless you have a court order filed at the courthouse (and
with the bank) which denies them access to those funds.
5. The money they have taken is lost to you now. Your choices might
be to:
a) Notify SS to send you a check to your home and
not have any of your funds in an 'account' which they could
'tap'.
b) Make arrangements with the medical lien holder to make
small monthly payments to them until the lien is paid off.
PMP4Hire
that creditors cannot tap into your account except for federal
agencies. Only your SSA, SSDI, or SSI funds can be deposited
into this account, so there's no question as to the source
of the money and you'll aviod the hassle of having to educate
the bank.
Arizona Tom
Relayer
> "Relayer" <relayer...@aol.com> wrote in message
>
> - Show quoted text -
I have three accounts at my bank. One id deposit of SSA only from
which I transfer accounts. A lien can only be put on the account if
you dont respond to a summons. If you don't respond, you file a
counter motion showing the funds are SSA funds. It's freaking Comerica
and subject to the same laws as any other bank. It's not like the
funds are still in SSA hands once it hits the account. I guess it
would be good for homeless people who can't be served but once SSA
transmits, it transmits. To Comerica. (or bank of your choice)