You are here:

Collections Law/garnishment was filed

Advertisement

Expert: Creditwrench - 8/11/2009


Question
Hi,  My dad has horrible credit and is practically homeless. We found him housing in a transitional home in Marylant for $400 a month.  He gets $900 from social security a month (regular retirement). He is almost 65 and is currently on medicaid because he has no medical insurance and has a ton of medical bill he can't pay.  He had a judgement against him for roughly $11,000 and he is expected to pay.  They found his bank account and filed a garnishment of property other than wages (but isn't social security his wages?).  Now I can't access his account to get his rent money.  How can they do this? and what do I need to do to get the account released?  Thanks very much for answering!

Answer
He can go to the bank and explain that the only money in the account is SS money. He wll have to do that, not you. There isn't a thing you can do except get him pointed in the right directions.

He also needs to file a federal lawsuit against the attorney who illegally had your father's SS garnished. He could also file a wrongful garnishment suit in local court and can file for a hardship exemption with the court.  

Collections Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

©2012 About.com, a part of The New York Times Company. All rights reserved.