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bank seizure strategies

Submitted by on Wed, 05/13/2009 - 05:02
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My 76 mother in law has 80k in credit card debt her son levied on her. He has no money and 100% of debt is in her name.She is judgement and execution proof,living in Texas and collecting social security and IRA annuity distributions.She had reverse mortgage but she returned invested proceeds to pre-pay loan down and those monies are now "homesteaded".She went to her BANK with anti-garnishment letter I saw posted here as suggestion and they told her if they have court order [ she expects to be sued] the BANK will freeze her assets or remove money in her account to send to CA or court or something. They kinda chuckled at anti-garnishment letter!!She does not expect to settle and wants to know how she can keep bank accounts open where court orders will be hard to execute..she has no money other than exempt SSI and exempt IRA annuity distributions.She owns her house outright in Texas and cant afford to hire lawyer to unlock exempted funds..any advice?? thanks


I think someone at her bank doesn't know what they are talking about. Section 207 of the Social Security Act says:

"The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

If I were her, I would put that in writing, then send it "certified, return receipt requested" to the bank manager, and probably a copy to the president of the bank (if it is a large, multi-office bank). I would probably call Social Security and get a copy of the law from them and include it with the letters too.

I don't know what city she is in, but my guess is that there is also some sort of legal aid available to her, especially since she is elderly. I would talk with them too. They might have a lawyer who would be willing to write a letter with the same info.

The problem is likely that the people in the local bank don't know the law. I would make it clear that I would be willing to make a big stink about it if they decide to disregard the law. Even if they don't know what the law is, it is not a defense on the bank's part. Ignorance of a law is never a legitimate defense.


Submitted by clovisca1949 on Wed, 05/13/2009 - 17:15

clovisca1949

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