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Can a creditor garnish our wages if our only income is social security disability, can we get the money back

my husband [name removed] was Garnish for 2100 we both are on SSA disabilty
this money was taken out of our bank account . Can they legal keep the money since we Share the acct and it is basicly in my name. but on December 11,2008 they went in our account and left us 5.00 they also took our back up emergency fund.

Is this possible? it was by unemployment Security for they said a past over payment, we just got the money , we he did from social security settlement.
we never was severed with paper . Please can you help us
[email address removed]
[names removed][phone number removed]

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Attorney answers (3)

Reputation Level 10
Unemployment and social security income is protected from garnishment from creditors. If the only funds in the bank account were from those sources and can be proven to be solely from those funds you can submit a request to the court for Exemption and release of the monies back to you. You must act quickly to make sure that the funds are not turned over to the creditor. Exemptions are not automatic they must be asserted.
2 people marked this answer as good

Avvo Pro

Reputation Level 11
You will need help from a lawyer to protect this money, and you need to act quickly. You probably should try to contact the Northwest Justice Project. They offer free legal assistance to some people. I posted their web address below, or call 211 and get a referral from the King County help line. Good luck to you.
2 people marked this answer as good

Avvo Pro

Reputation Level 18
I agree with the above answers. These things should be exempt, but collectors are very aggressive and you need representation to deal with this. Contact the county bar association t see what low cost legal services may be available in your area.

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