Legal Question in Credit and Debt Law in Pennsylvania
I have a judgment against me from Beneficial Financial. I live in the state of PA.
They cannot garnish my wages
But I have 2 checking account that had my SSN on them. 1 with my wife and 1 with my mother.
The only money deposited in the one with my mother is her social security check
They put a garnishment on both accounts is that legal?
1 Answer from Attorneys
No, they cannot take your mother's Social Secuurity income as it is exempt. But you need to get your name off of that account. Social Security money loses its exempt status when it is commingled with other funds or the funds of another person. Have your mother get an account just in her name.
Regarding the account with the wife, do the same and take your name off of it. Have your pay get deposited into her account if you hae direct deposit. If you don't want to go through this much hassle, then keep less that $300 in the account as PA allows an exemption for any money in a bank under $300.
You really need to do something about the bank accounts - it is much easier to prevent a judgment creditor from taking money in the first place than it will be to fight over getting your mother's funds back to her once the creditor takes it.
I don't know how much the judgment is for or what other assets you have. How do you plan to resolve the judgment? If you want to file bankruptcy, then you should consult a bankruptcy attorney. If you want to resolve the debt via a payment plan or settlement, then I can help you for a reasonable fee.
Feel free to contact me if you would like help settling this debt.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC