Legal Question in Credit and Debt Law in Florida

Dear Lawgure:

I received an answer from a lawyer at Lawguru that my SS disability and pension could not be garnished; and that my homestead home could not be placed under a lein. But my SS disability is deposited directly to my checking account. What can I do to be protected from them attaching my checking account and freezing my assets.

Asked on 11/12/12, 6:26 am

1 Answer from Attorneys

Brian Balaguera The Balaguera Law Firm, P.A.

Generally, they would need a court order before they could do that. If they do obtain a judgment, then they would have to initiate another proceeding for the garnishment. If you qualify for bankruptcy, that might be one way to evade the judgement. Otherwise, the evidence that your only income is social security/disability should be presented to the court as a reason why the court should not allow garnishment of your accounts. I reccomend hiring an attorney to assist you with this.

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Answered on 11/14/12, 7:59 pm

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