Legal Question in Social Security Law in Illinois

social security garnisment protection laws or statutes

I sued and got a judgement in small claims court for a hit-n-run accident. Defendent admitted guilt, had no insurance and refuses to pay. I started proceedings for garnishment of her bank account. The bank refuses to fill our the interrogatories because "you can't garnish an account that receives soc. sec." Is there a statute that states something about that the money is no longer considered soc. sec. money any longer after it has been in the bank account for a certain amount of time? How much time (in days). Also, is there a consideration involving garnishment allowance if court-ordered? If you can help on either question, is there a government statute or law I can present to the judge and what is it? I need to know so I can print them out or photocopy from a law library. Tell me where to look, please

Asked on 6/21/00, 9:25 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: social security garnisment protection laws or statutes

You shouldn't need to locate a statute that demonstrates that you can garnish funds from an account containing deposits from the Social Security Administration. Insist that the bank provide the evidence that they can't. There is no such statute. You cannot attach funds received as Supplemental Security Income benefits, which are a form of federal welfare payments, but you can attach Social Security disability or retirement funds (If the bank can show you a statute which says otherwise, let me know and I'll eat it). Normally an account which receives SSI deposits doesn't have much in the way of other money in it, since a SSI recipient loses benefits if he or she has more than $2000 in assets at any time. But if the account has deposits of funds other than the SSI payments, those other funds should be subject to garnishment. Insist that the bank provide all of the legal argument for not doing what you ask. You could look forever trying to prove that there is no legal basis for their position.

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Answered on 9/01/00, 1:34 pm
James Grissom Law Office of James P. Grissom

Re: social security garnisment protection laws or statutes

Send them an interrogatory asking them what authority they rely upon for their answer. If that doesn't work, file a motion to compel answers seeking attys fees and sanctions.

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Answered on 8/31/00, 5:53 pm

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