Bank account being garnished from an old debt (over 12 years old). What is are the exemptions to this?
I am currently unemployed & I am not going back to work anytime soon. I recently had a baby who was severely premature and requires a lot of care. I lost my job (I didn't make that much before) and now I am going to have to live off SSI until he is older. The money I had in the account was my tax refund which I was holding on to so as a down payment on a place. Is there anyway of getting around this? Or am I now homeless because of a debt collector that refuses to write off a debt that is over 10 years old?
2014-07-11T22:17:29Z
Rob please work on your people skills. It states you cannot attempt to or remove any of money without permission.
bdancer2222014-07-12T10:42:47Z
The Statute of Limitations (SOL) is the time frame to bring lawsuit. If the creditor attached your bank account, they already sued and won a judgment. Judgments are good for a long time and can be renewed. In most states, judgments are good for 10 years -- a few states are less and a few are up to 25 years.
There really is nothing you can do about the money in the bank account. The only exemption would be if the only funds in the bank account were from social security. Any other funds mingled in the account (and that would include your tax refund) are fair game.
You are not homeless because a creditor refused to write off a 10 year old debt. The creditor actually wrote off that debt about 6 months after you defaulted. Then some time before the SOL expired, they filed the lawsuit and got that judgment .... which you ignored. You've had 12 years to do something about resolving this debt.
By the way SSI is for people who are unable to work due to disability or retirement and do not qualify for social security. Not working because you are taking care of your premie newborn would not qualify. Apply for welfare benefits. If you will truly be homeless, you might get moved to the top of the list for housing assistance.
It does not matter how old the debt is if it has been kept live by the creditor or their agents or the people they mostl likely sold it on to then they can come looking for the money any time they want over the years. If you are on benefits and repayments are being taken they will be very small each week or month as the benefits agency have limits on how much can be garnished from payments they make to you. As for any lump sum that you had saved in your account the creditors are entitled to take what they can, when they can get it, to pay your old debts off. You wanted the money for a new place forgetting entirely that you owed money from 12 years ago for whatever you spent someone else's money on then. Is it really so ureasonable of them to want their money back at last?
The debt collector does not need to close out the debt, no matter how long it's been. SOL laws apply only to the amount of time they have to sue you, since that's already happened, they may try to collect for as long as they want. I'm sorry but you can't get out of this. Your funds have already been frozen and can't be moved. The only thing I suggest is to of course, not put any more money into that account. You may want to reach out to the United Way for help. They will put you in touch with local charities who can help someone like you. There's also the Ronald McDonald House charities, which could help someone in your position with a special care child. Good luck.
As long as there is a judgement, there isn't much you can do. You can close your account and take all money owed via cash, but other than that, not much you can do.
BTW, depending on the state, a judgement usually lasts for about 10 years and can be renewed.