Is no income for 8 years a legal exemption from writ of garnishment?

Asked almost 2 years ago - Okeechobee, FL

I have had no income for over 8 years. $700.00 was taken from joint bank account. The 2006 judgment is against me only. The debt was from credit card. Debt was incurred before I married current husband who draws SS.

Attorney answers (1)

  1. Answered . You may want to review the exemptions in your state for more information. It is a smart thing to protect social security benefits by keeping this money in a separate, or segregated account to prevent any problems with these benefits losing their legal protection from creditors by a process called comingling. Talk to your bank manager about the bank policy on comingling. At the same time, if the money in the account was only social security, the account should have been protected. Unless the credit card was to the bank where the account is located, in which case, you may have a problem called "set off" that allows the bank to take even money that is protected. OUCH! Time to ask some questions. Hope this perspective helps!

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