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Georgia Statutes On Bank Account Freezes

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Georgia Statutes On Bank Account Freezes

Postby Darsy » Mon Nov 28, 2016 5:35 am

My mother lives in Georgia and a third party collections agency is trying to collect on a debt my brothers accrued on her Discover Card. She was recently given information from my aunt, who works at a bank, that credit card companies/collection agencies can freeze banking and saving accounts.  The following week, a collector called my mother's home and told her "we are going to get our money from this old lady." This sent my mother into a panic, so she withdrew all of her money from her checking and savings accounts.  My question is, since my mother's only income is social security, can a freeze be put on her account?  Also, since my mother's name is listed on my sister's checking account, can my sister's account be frozen?
Darsy
 
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Joined: Tue Jan 07, 2014 8:46 am

Georgia Statutes On Bank Account Freezes

Postby Avshalom » Fri Dec 02, 2016 11:04 am

My mother lives in Georgia and a third party collections agency is trying to collect on a debt my brothers accrued on her Discover Card. She was recently given information from my aunt, who works at a bank, that credit card companies/collection agencies can freeze banking and saving accounts.  The following week, a collector called my mother's home and told her "we are going to get our money from this old lady." This sent my mother into a panic, so she withdrew all of her money from her checking and savings accounts.  My question is, since my mother's only income is social security, can a freeze be put on her account?  Also, since my mother's name is listed on my sister's checking account, can my sister's account be frozen?
Avshalom
 
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Georgia Statutes On Bank Account Freezes

Postby Elphin » Fri Dec 02, 2016 10:04 pm

While some so called experts might claim that the act of withdrawing money from her checking is an illegal act because it is an attempt to hide assets from her creditors, your mother's only income is SSI so they could not legally garnish it anyway. There is an idiot who calls himself "Uncle Normie" running around loose on the Internet claiming to be some kind of expert. He has a couple of blogs in which he likes to make snide remarks about people whom he dislikes on the Internet. He reads this forum and came upon a post I made dealing with this same thread. He claimed that I had gave dangerous information by telling someone that they should take their name off of their husband's bank account since according to him that would be concealing assets from the lady's creditors, an illegal act indeed. But in that particular case, only the lady was being sued and the bank account was a joint account so the creditors could not garnish the account anyway because the husband would then be able to step in and claim that the wife had contributed absolutely nothing to the account and was only a signatory to the account so she could go buy the family groceries and pay bills. The lady didn't work at any job and contributed no money to the account. Therefore taking her name off the account would not be hiding any assets that actually belonged to her and my advice to take her name off the account was not only designed to safeguard the family funds but to save the plaintiff from getting sued for an illegal garnishment by making the mistake of grabbing funds out of the joint account. I also advised the lady to take her name off the family van and Uncle Normie screamed about that too claiming that was also hiding assets and an illegal act but under the laws of most states they can't take your only means of transportation anyway and since it was an older van they wouldn't want it anyway. Some folks just can't stand it unless they are the center of attention and are more than willing to attempt to defame others who do know and understand the law in order to look important in the eyes of others. We should all be watchful in case Uncle Normie attempts to become an expert here and start giving his so called advice. So back to your mother's problem. Yes, they can attempt to freeze her account and sometimes they are successful even though the funds are all derived from a government pension. The oldsters then have to go through a messy court appearance to get their money back and the bank has probably charged them a hundred or two just to give away the oldster's money when they should not have done so. In the meantime the elderly person may not have the money to eat, pay bills with and could be put in dire straits indeed. Taking her money out of the checking account was a wise move. As to your sister's account, yes, since your mother's name is on her account they might try to freeze that account but the problem with that is that your mother probably don't put any money it it. If your mother don't put any money in the account and they grab it then again they have illegally garnished money and put your sister to a great deal of problems and grief trying to get her money back so I'd advise that your mother get her name off of your sister's account unless your sister is also drawing an ssi check of some kind and your mother is her guardian. In any case I would make sure that her bank has a written letter stating that all money in your mother's account is derived from SSI and if your sister is also on some form of SSI and your mother is simply acting as her financial guardian then a second letter advising the bank of that fact should be submitted to the bank. While a simple letter would probably suffice it might be better and more effective to hire an attorney to draft the letters to give them a bit more force and effect.
Elphin
 
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