Legal Question in Credit and Debt Law in Nevada
Creditors able to freeze my Social Security check?
I'm on Social Security Disablilty, I receive a direct deposit into my bank account. Is it true that, the people I owe money to can freeze my Social Security payments on my bank account? Thus leaving me broke???
Please help I'm so worried I won't be able to pay rent if they do that..I'll be homeless. Thank you
3 Answers from Attorneys
Re: Creditors able to freeze my Social Security check?
Creditors cannot "freeze" your Social Security checks. Once you deposit a Social Secuirty check, it is fair game for enforcement of a court judgment, subject to your timely claim of exemption. Washoe Legal Services, found here, may be of help: http://www.washoelegalservices.org/lawsuit.htm
Re: Creditors able to freeze my Social Security check?
You do may need to change your social security so they are not deposited into your account and then it will be difficult for them to do anything.
Re: Creditors able to freeze my Social Security check?
If someone has a judgment against you there are procedures that would allow the person holding the judgment against you to seize your bank account to pay the judgement. However, payments from social security are, by law, EXEMPT, from judgment seizure. What this means is that while a creditor might freeze your bank account if you can prove that the money in the account is from social security you can have the account unfrozen and prevent that money from being turned over to your creditor. Of course this requires you to take action once the account is frozen (if you fail to do anything the bank may well turn the money over to the creditor). You may also want to consult with a bankruptcy attorney & see if you should file bankruptcy to remove the creditor's judgment.