my federal retirement has been garnish-

Submitted by makimb66 on Mon, 03/08/2010 - 01:41
Forums

My daughter is on my account due to my illness to write checks and take care of my affairs.
This ISher bill not mine .BANK OF AMERICA said this IS not retirement -- I have tried to explain I was a federal employeee --ss was not taken out -MY ACCOUNT IS STILL BEING GARNISH
PLEASE ADVISE
THANKS

I am thinking that you should do a power of attorney and take her off your account. She can still take care of your business with a power of attorney.

Her creditors will have access to any account that her name is linked to. The power of attorney will give her the same power with out them being able to access your accounts.

Goodluck, I hope this helps. Try and stick around to see what others have to say about this. I am sure others will come around and give you more advice.

Mon, 03/08/2010 - 02:07 Permalink

Hi makimb,

Welcome to this community :)

Did you receive any notices regarding the judgment? However, you can visit the court, where the judgment to garnish your income was issued. If you can prove that the debt is not yours, and you live on federal retirement, you may get back your money and even the attorney fees. Generally, Federal Income cannot be garnished. Still you can check the state laws regarding garnishment.

As for your daughter, she needs to take her name off your account, otherwise her wages may get garnished too.

Hope this helps.

Regards,

Aaron

Mon, 03/08/2010 - 09:30 Permalink

Hello. My advise would be go to the courthouse and file a motion to vacate the judgment if there is one. I would imagine since they are attaching your accounts then they must have got a judgment. Let them know she is on your account for illness purposes only. Hopefully the judge will review your account and straighten up this matter. I am not exactly sure how long you have to vacate a judgment but I would try to do it as soon as possible because I believe there is a time limit.

Tue, 03/09/2010 - 15:57 Permalink