I am being sued for a debt my brother made on my charge card. I previously was to court and won a judgment on him and I have receipts to prove his charges. I would like some advise on what i should do about my disablity, pension going into the same account. It would be too obvious to move them to another account now. Help
–Loretta

Jonathan Ginsberg responds:  Loretta, I do not think it is too late for you to set up a new bank account.  As you probably know, your Social Security disability check cannot be garnished by a credit card judgment creditor.  This protection remains even when your money lands in your bank account.  I would certainly consider setting up a new account just for your Social Security direct deposit.

You are wise to be concerned, however, that mixing your Social Security money with pension money could be a problem.  I would not trust a bank to know how to separate the funds in your account, especially if you use those funds for living expenses.

You can and should speak to the bank about this.  Perhaps the bank has a policy not to honor a garnishment at all if there is Social Security money involved.  Similarly, your State may have laws protecting pension money.

I also think you might want to speak with an attorney about how to handle the lawsuit.  It seems to me that you might have the right to cross claim your brother so that any judgment issued would go against him and not you.

The bottom line here is that there are a lot of options and you would be smart to consult with a lawyer before you miss any deadlines.  I see from your zip code that you live in New Jersey – most big cities have local bar associations and lawyer referral panels.  I would look to find a lawyer as soon as you can.

[tags] social security money and credit card judgment, social security and garnishment, prohibition against seizing social security money [/tags]