Legal Question in Disability Law in Colorado
Is it legal to ganish a bank account from someone on Disability?
In 1998 I had to go to court for a check that I wrote for $22.00. After losing the the case a $22.00 check was now $680.00 plus. After the judge made his decision the lawyer walked out of court room and I never had contact with him again until 5 years later. The contact that was made was my bank calling me and telling me that my bank account has been garnished and all the money in my account taken. I had no warning or notification of this action, no way of avoiding the hardship I am now facing. Not only do I have the original $680.00 plus debt, but now I also have numerous bank fees for bounced checks and late fees for my bills that I was unable to pay, due to the garnishment. I am also the ''secondary'' name on the bank account. The primary name is my roommate's who is also known to be on disablility. Both the lawyer and the bank has record of our disability status.
So how it it legal for them to garnish another person's account and without warning? Is there anything I can do or is this a lost cause? Thank you.
1 Answer from Attorneys
Re: Is it legal to ganish a bank account from someone on Disability?
You've created a mess here. You should never have had to go to court over a measly $22 check. Ok, rant over:
They CAN garnish the account, even though your roomate is disabled. You name and his should never have been put on the same account, because you knew you had that judgment sitting out there. You've put him in bad position.
You both have to go to court and show exactly how much of that money was his money and try to get it returned. It's going to take a few months byt the time you get into court, get a court order and a check.
NOW, if both of you have non-garnishable SSI income, that's entirely different, because that income cannot be garnisheed. If they did so knowlingly, you should also ask for monetary sanctions. You need to file a motion to set aside the garnishment and be prepared to show the court how all of that money taken was from disability, and that the account was not used for any other income.
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