the monthly check has direct deposit...will my bank freeze this fund ...if a creditor attempts a garnishment procedure
Child Support Lawyer
Depends on the debt. If it's for child support, depending WHERE in Illinois you are, they can issue a QDRO against it. If it's a, say, unsecured credit card debt that's been reduced to judgment, then it's generally exempt.
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Elder Law Attorney
I think that you problem may be that your bank will likely freeze your accounts if it is served with a Citation to Discover Assets. You will then have to go to court with proof that the funds in the account are from an exempt source to have the judge release the funds.
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A pension is exempt from creditors attachment. However, if it goes into a bank account and the creditor does a citation to discover assets and freezes the account then you would have to file a motion with the court exempting the funds in the bank account. Once a bank account is frozen it is a headache to get it unfrozen. Hope this helps...
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