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Can a bank keep an entire social security disability check for a negative balance?

Frankston, TX |

a check was deposited into my account the one who made the deposit changed her mind and cancelled the transaction after i had withdrawn the funds. now the bank is keeping my entire check and will not release any money. this is keeping me from getting medication including insulin that i need to live. I would be willing to allow them to keep a little but i need to live.

Attorney Answers 2


When a check deposited into a bank account is "dishonored," the bank gets nothing and must offset the amount of the check from the account. This is a standard term of you having a bank account, and since this term is contractual, the fact that other money in the account was from social security may not matter.

The bank is not keeping anything - they are simply offsetting from your account for a deposit that never really existed.

Hope this perspective helps!

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It is important to keep Social Security money separate from other money, even if it means opening another account. Once you put different money from different sources in one account, the money loses any protected status because the money is all commingled and the courts say that means you cannot tell which money is from what source.

If you keep the money separate, it is a hassle, but it means the social security benefits are more protected.

Good luck to you.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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