Legal Question in Civil Litigation in Florida

NO! They may NOT be garnished. I've been working on a test case involving exactly these facts for over a year now and my case is currently before an appeals court. SSI and Veteran's Benefits, as well as some other federal retirement benefits are NOT garnishable. The law is 38 U.S.C (United States Code) section 5301, and as interpreted by two U.S. Supreme Court cases, Philpott v. Essex County and Porter v. Aetna. There are several other key U.S. Supreme Court cases as well. State courts support the theft of these funds from accounts because its easier for the states to process these matters as mere "paperwork" and to not even hold garnishment hearings, which they are also required by federal law to do. Having the funds automatically deposited into your account gives you more proof because SSI and other benefits from the federal government show up in the account statement as being such deposits. So, the funds deposited are legally "traceable" and cannot be denied as federal benefits that are not allowed to be garnished under federal law. You should write to the bank that is holding your money and tell them about what I've just laid out for you, and demand that your money be immediately released to you. They won't listen to you, but this action establishes another key piece of evidence in your favor. You need to write a similar letter (mail these letters out via Certified Mail, Return Receipt Requested and hold onto the slips returned by the PO) to the state Atty. General's Office to make sure they are nailed down as well. There are other steps to be taken but this should be enough to get you started. You should also really consider getting yourself an attorney who knows this area of the law because the AG's office and the banks are very devious and shady when it comes to this stuff and you cannot believe what they tell you. I know all of this sounds incredible but, let me tell you, its all true.

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