Legal Question in Credit and Debt Law in Kansas
What does Matter is moot issue mean ? And can they put a garnish on my checking acount when my only income is my Social Security Disability ?
1 Answer from Attorneys
Generally Moot means that the issue does not have to be decided because it woudl not mean anything. For example. the owenr of a bank account contests it being garnished because it was not served properly. Between when the contest was filed and the hearing on the issue, the bank answers that it holds $0 of the debtor. The Judge will hold that the issue is moot, as it does not matter if the garnishement was served properly or not, becuse it won't garner any funds anyway.
If you hae a bank account, it is all subject to garnishement unles the owner(s) of the account contest it be executed upon. That fact that it is ALL social security benefits can be one reason to exept the account from most garnishments. But if funds are also put in from other sources, the entire account may be subject to execution (garnishment).
Once a garnishment has been served upon a bank the judgment credtior or his attorney must give the debtor (owner of the account) notice of the garnishemnt. Taht debtor has five days to contest the garnishement. One shoud not rely on their banking institution to raise their defenses for them.
Good luck
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