Legal Question in Social Security Law in Michigan

Michigan Federal Garnishment Law

I am currently on Social Security Disability. My question is can a credit card company garnishee my checking account if all the money that is in there is from my Social Security disability check? I live in the state of Michigan. I was told at the courthouse by the court clerks that this action was not legal. I went before the judge last week and he told me that he was unsure of the laws. I have to reappear on June 24th 2005 with proof that a disability check is exempt from garnishment. Can you help me out with this matter?


Asked on 6/15/05, 11:57 am

1 Answer from Attorneys

Joseph Petrylak Joseph F. Petrylak, Attorney

Re: Michigan Federal Garnishment Law

Under Michigan law any money that is in an account that has only Social Security Disability Payments made to you in it, cannot be garnished or attached. If you co-mingled your disability funds with other money, then a bigger problem exists for you to prove what portion is the disability money.

You need to be able to prove the money in the account is from disability payments only. Feel free to contact my office at (810) 874-6150 should you have further questions. It would probably help you to retain counsel to fight the garnishment of these disability funds. Good luck!

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Answered on 6/15/05, 1:12 pm


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