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Are funds in a joint account with my son judgment proof from creditors?

Are funds in a joint account with my son judgment proof from creditors?

Q: Can Social Security benefits be garnished by creditors?

No, Social Security benefits are generally protected from garnishment by creditors under federal law. This means creditors cannot take these benefits to satisfy debts. However, if these benefits are mixed with other funds in a joint account, it can complicate the situation, and some funds may become vulnerable to garnishment.

Q: How do I protect my Social Security from creditors?

To protect your Social Security benefits from creditors, keep these funds in a separate account that is solely in your name. Avoid mixing them with other funds, especially in joint accounts. Additionally, you may want to consult with a legal professional to understand your rights and any state-specific protections available.

Full question:

I have joint account with my son. I deposit only my social secority check. If I am ued and the creditor gets a default judgement and makes a levy against the joint account, are all funds judgement proof? My son is not a party to the judgment.

Category: Social Security
Date: 04/07/2025
State: California

Answer:

Funds in your joint account may be protected, especially if they are solely from your Social Security check. However, if there are other funds in the account, those could be subject to attachment. It's also uncertain whether placing your Social Security funds in a joint account affects their protected status.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a debt collector take your Social Security money?

In general, debt collectors cannot take your Social Security benefits. These funds are protected under federal law and are considered exempt from garnishment. However, if your Social Security money is deposited into a joint account, it may be more complicated. It's crucial to keep your Social Security funds separate to ensure their protection from creditors.

Can a garnishment be taken from a joint bank account?

Yes, a garnishment can be taken from a joint bank account, but it depends on the ownership of the funds. If the account contains funds that belong solely to the judgment debtor, those funds can be garnished. However, if the funds are from exempt sources, like Social Security, they may be protected. It's advisable to maintain clear records of the source of funds in joint accounts.