checking acct. garnishment

[azgrandpa]

What is the name of your state? AZ
Referring to my previous post of 3/1/03; if I'm reading the replies correctly, they can garnish my acct. even tho' it only contains protected money sources (SSI & co. pension). I would then have to file suit to prove they should not do that??
How easy is it for creditors to discover NEW checking accts. See where I'm going with this?

Thanks for any responses.

 

[Ladynred]

I doubt you'd have to file suit to get your money back if the account was levied, but you would have to prove that the total amount in the account was from an exempt source. I think you'd only have to prove that in court. However, if you're sued, then when you go to court you have the chance to present your list of exemptions, and you would list the bank account and all the money in it as exempt.

If you're sued, they usually do an 'asset search', but I'm not sure how easy it is to turn up bank accounts thru that method. They get this info thru interrogatories and debtor examinations usually.