Legal Question in Civil Litigation in California
Levies, Pensions & Social Security
Are the social security and pension funds in a bank account attachable? The pension comes from a teamster's annuity...does that matter? The individual has no other income sources to co-mingle with these funds. But how are cash deposits viewed (i.e., $50 birthday gift from a relative is deposited, or individual loaned a relative money from SSI/pension that is later paid back and re-deposited)?
If the debtor is a signer on an account and not an owner of the account, would the owner's account be leviable?
1 Answer from Attorneys
Re: Levies, Pensions & Social Security
Good morning.
1. the default or fall back position is that all accounts are subject to levy to satisfy a judgment or lien.
2. If any source of funds are placed into an ascertainable account, the funds are subject to levy.
3. If the account is in your name/social only, then all of the contents are subject to levy. If the funds are in a partnership or other form of joint account [not with a spouse] then that may be some level of protection.
4. If a levy occurs, there is a maximum that can be taken--you would then file for a claim of exemption to limit the recovery by the creditor--but they can levy and levy again each 90 days!
Good luck
Mark Geyer
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