Legal Question in Bankruptcy in Virginia
Bank Acct Garnishment
My mother owes approx. $3,600 in credit card charges. Bankruptcy is out of the question due to her having had a minor stroke and being bed bound. The question is this: can her bank acct be garnished if it consists solely of her social security and pension direct deposits? This money is what she uses to live month to month. She has no other income or funds, stocks, etc. Thank you for a reply.
1 Answer from Attorneys
Re: Bank Acct Garnishment
Social security is exempt from creditor process even after being deposited in a bank account, but pension money may not be, and in any event the existence of the exemption may not stop an effort to garnish an account. The stroke/being bed-bound should not preclude a bankruptcy, but it may also be possible to work something out rather than file.
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