Legal Question in Credit and Debt Law in Pennsylvania

I have a credit card with my bank maxed and behind 6 mths in will be getting a social security dis bility check direct deposited in that bank can they take it.


Asked on 1/14/16, 9:48 am

2 Answers from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Although SSD is generally exempt, the bank could automatically offset the debt and deduct from your account without notice. The reason is that you have already given the money to them by placing it in their bank and all they would be doing, is not paying you back that portion that they decide to deduct as an offset.

I would advise considering a bankruptcy as that could solve any future issues. At the vey least, I would change banks.

I trust this answered your question but feel free to call or e-mail me on a free initial basis.

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Answered on 1/14/16, 11:41 am

Banks have special set off rules as noted by Attorney Nahrgang. If you owe a credit card to bank A, then stop banking there immediately and get another bank account at some other bank. Have your Social Security deposited into the new bank account.

There are alternatives to bankruptcy. If this is your only debt and if its under $10,000, maybe bankruptcy is not the best option. It costs money to file bankruptcy. But all of this depends on your other assets.

I suggest you get another bank account and have the SS money go into the new account. Do not commingle the SS money with money from any other source. Do not commingle the SS money with non-SS money belonging to another person.

You should consult a PA attorney to talk to you about your assets and debts and see what the best option would be for you in your circumstances. Take Attorney Nahrgang up on his offer to give you a free initial consult.

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Answered on 1/14/16, 10:12 pm


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