Legal Question in Credit and Debt Law in Florida
I am on disability, can my bank accounts be seized to pay off credit card and medical bills. SSI is my only form of income.
2 Answers from Attorneys
First, in order to attempt garnishment a creditor must obtain a judgment in court. Then they must try to get a garnishment of your accounts. In most cases, the creditor's attorney will not know whether your assets are exempt, so it will be up to you to challenge any garnishments that are issued.
Your SSI is exempt from garnishment, and the bank account that the funds are deposited into are exempt. However, there may be accounts that are not exempt. Simply being disabled does not grant immunity from debt collection across the board. Even if you are exempt from collection, the creditor can still proceed with debt collection type activities such as requiring you to fill out "Fact Information Sheets" or even taking your deposition, and requiring the presentation of documents.
You may want to consult with an attorney who works in asset protection or debt resolution to be sure you are as protected as you can be.
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