Bank took 3000 for a 500 dollar credit card debt from 10 years ago. Four kids and I are on MA. Creditor had my address off by last two numbers and I never received one paper from them. What can I do? No money now for my rent or food, gas..electricity bill..what can I do to stop this?
Changing your category to debt collection. I don't do this type of work, but I'd wonder whether some of those funds are exempt.
Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.
The collection lawyer and the bank should each be sending you a form to claim that the funds are exempt. You may also get the forms from the bank ( a copy is included in the stuff served on the bank by the creditor) or your lawyer. In order to get the funds back, you have to fill in the exemption form, and send a copy to the bank and the original to the attorney for the creditor. In addition to the form you have to provide bank statements and other documents that prove your exemption claim to the attorney for the creditor. If you make an exemption claim and the proof isn't satisfactory, the attorney can object and set it on for a hearing in front of a judge, and that hearing will be within a week or so.
Minnesota law provides that any money you received which is from "government assistance based on need" is exempt from garnishment, and all of the "earnings" of a person who has received "government assistance based on need" in the past six months is exempt from garnishment. It also provides that money in the bank stops being "Earnings" after 20 days of sitting in your bank account. The first $280 per week of wages is also exempt under the provision that talks about federal minimum wage times 40 hour. There are some other exemptions that might apply, but those are the ones I can identify from the information provided. Finally the statute specifies a first-in first-out accounting method for determining which funds were garnished.
If you want to get the garnishment released, you need to provided documentation showing that the money they took is from one of the exempt categories. What that proof consists of depends on the specific circumstances. The statute just says you have to send two months of bank statements, but that often is not enough to tell where the money is from. You need to make sure you have the current activity, including the garnishment, on the statements - so get a full transaction activity report, not just the monthly statements. Then trace back in time on the statements all of the deposits that were made. If the garnishment took the last dollar, you first-in first-out accounting is easy. the last money out - was the last money deposited. If that was earnings, but you can't tell from the statement, then you need to show them something that shows the money was wages or earnings, like a paystub for the check you deposited, etc. If only some of the money is exempt, you may have to sign something allowing the bank to release the non-exempt part to them in order to get your exempt funds back more quickly.
Medical Assistance is not the same as the MNSure health exchanges. Also, it can be hard to show you are still receiving Medical Assistance. Show a bill MA paid, or an Explanation of Benefits they sent you to show you received MA in the past six months. If the EOB doesn't show that the insurance is through MA, you need a letter or something that shows your MA is done by BCBS or whatever company administers MA
If you fax or email these docs to the lawyer and ask them to email stuff back to you, that will be faster, but this may take a few days to a week.
The underlying debt must be a judgment. If you truly never heard about the lawsuit, and were not properly served, it may be possible to get the judgment vacated. To investigate that, go to the courthouse and look at the file on the computers there. There is an affidavit of service, or in conciliation court a certificate of mailing, that shows how the lawsuit was served upon you. If you were served with the lawsuit, there is nothing you can do to undo it since more than a year has passed since judgment was entered.
If you are working and have no other income, and receive MA, you will want to sent them proof that you are still on MA every six months until you are no longer on MA. If you go off of all government assistance, you may want to make a deal to pay them rather than let them try this again. It is never a good time to have this happen.
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