Legal Question in Social Security Law in California

i am on ss and VA disibility pay. a total of 1307.00 per mo. recently a judgement was entered on me for 3900.00 which i cannot pay. i am also 66 yrs old. the money i do get is supposed to be untouchable. what papers do i file with the judge so as to remain judgement free again.


Asked on 9/13/11, 3:08 pm

1 Answer from Attorneys

Ben Berkley Benjamin H Berkley, a PLC

The money you get is exempt. The problem occurs when you deposit the money and it gets commingled with other funds that may not be exempt. Therefore, make sure that your checking account only includes deposits from the VA and SS. And if your account is served with a attachment, you will need to file with the court a claim of exemption form which is available from the court. Thereafter there would be a hearing and you would need to take to court copies of your statements from the VA and SS showing the amount of the payment. You will also take a copy of your checking account statement that will show the same amounts were deposited into your checking account and no other deposits were made. The court will then deny the attachment.

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Answered on 9/13/11, 3:26 pm


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