Legal Question in Credit and Debt Law in Virginia
deposits
My disabilty check is directly deposited,if judgement were taken against me how would I go about protecting myself.This is the only income I have.Could they freeze my account?
2 Answers from Attorneys
Re: deposits
Start keeping good records (photocopies) of all the disability checks you deposit in the bank and keep copies of your bank statement, to prove that the ONLY money going into your bank account is exempt. If they try to garnish your bank account, at the court date (return date) you show the judge the documentation and the judge will deny their request for the money.
However, the money could be frozen in the meantime. If you get a judgment against you, you should volunteer this documentation to the lawyer, so that he will know NOT to try to garnish your bank account. (He could still try, but he will know that he will not get the money in the end, because disability payments are exempt.)
Of course, first of all, be sure to show up and challenge any lawsuit against you. Don't assume you will get a judgment.
Re: deposits
You need to consult with a local bankruptcy attorney ASAP.