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How to protect Workers Comp and Disability payments from bank garnishment by creditors? How do I set up bank account to protect?

Miami, FL |

I have not filed for bankruptcy and don't plan to anytime soon. Due to foreclosure, Bank and Homeowners Association have a judgment against me. I am unemployed with no current income but I expected to receive workers comp and disability payments in the coming months. I would like to know how to protect the bank account for these funds. I plan to open an account for these payments only, not to be commingled with any other funds. Thanks

I live in Florida.

Attorney Answers 3

Posted

You do not need to place the funds in a specific type of bank account,. The proceeds are exempt from creditors claims but you may want to consult an attorney to help you plan for the long term protection of those funds. I have provided links to Fla. Stat. 222.18 and 440.22 for your review.

I provide a free 15 minute telephone consult for security deposit claims and eviction defense. No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.

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Posted

Thank you. I'm just nervous that my creditors will try to freeze or garnish the account these funds will be deposited into. Which will then lead to me incurring additional legal fees which I can't afford.

Posted

You are correct. If even one dollar enters that account from another source, the entire account balance can be attached. Alternatively, you can simply cash the checks. Hire a WC attorney to protect your interests.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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Posted

Thanks you. Is their a specific account type or procedure I should follow when opening a new bank account for these payments?

Posted

I agree with the other attorneys. However, it sounds like bankruptcy should be part of your planning process. Perhaps not immediately, but certainly at some point while you are still in your down cycle.

The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.

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