Legal Question in Credit and Debt Law in Florida
can a homeowners assotiation or any one else put a freez on my checking account.I get direct deposits from social security,and a small pention from the city.
3 Answers from Attorneys
The association will first need to obtain a money judgment against you before attempting collections. You should consult with a local bankruptcy attorney, most offer free consultations, to discuss the association's rights and other financial matters that may affect you.
Social Security benefits are exempt from creditors except the IRS; even such levies
of the IRS require specific legal justification. Creditors cannot attach bank accounts
without a court order and cannot get exempt payments such as SS, disability, govt
benefits, etc. Your pension account may be levied if it is not exempt but merely an
IRA or similar benefit. A HOA can be a creditor but cannot attach such funds without a court order which still doesn't permit them to get SS payments. Such creditors may threaten
you with such actions but it is part of their tactics to pressure payment.
My colleagues are correct. The other info that I can give you is this - if they have a court order to attach your account the bank will freeze the account until it can be straightened out. So....if they take money that is considered to be the SS they will have to return it to the account - however, if the pension is not exempt and you have comingled your assets then you may suffer the consequences of losing your funds.