Quick, help please! Can they touch "my"SSDI

[janna57]

My husband is the one with issues with "Wolpoff & Abramson". He did not attend his hearing. We are in the process of checking out BK-Ch 7. My immediate problem is can they touch my disability? His name is on my account, which I just added a year ago, after 16 yrs. of having account. I finally added his name becuase it was getting to be a PITA to cash his paycheck. (he had no account) I want his name off my account, yesterday! I find out, today, that I cannot just remove hm that I need to close out the account. But, I get SSDI and disablity from my former employer. Also, have direct debit on some bills. But, they are all in my name. I still plan on closing out account ane opening a new one, but my check is due next week. I don't want to screw it up. They advise to open new account, and not to close the old one, before SS has deposited into new account. As, the process may take awhile.
I am so mad, because when I called the customer service at my bank. They just told me that I need to be present as well when I remove, my husband from my account. My husband went to another bank, and they stated all people on account must be present. My mother is on my account, too. She was on way before my husband was added. (only married 7 yrs.ago) well, the point is, they never said that we needed to close acount. Just that all need to be present to remove his name.
But, I need to know if they can touch my SS or other disability in "my name".
We live in PA, not a community property state.
Please answer quick, if you can! I have been trying to make calls to SS, but they take forever.

[SinkingFast]

Social Security income is exempt as far a BK is concerned. But from a Collection Agency?? That's a different legal situation all together.

BK is a Federal issue in Federal Court. Debt collectors likely sue in local or State Court. Which could attach your Hubby's assets. As an authorized party on the bank acct, he's a legal holder of 1/3 of the assets in the bank acct. That's if they get a judgement against Hubby. Are you to that stage yet, or are they just beginning to sue at this point??

Follow your bank's advise. Open a new acct in your name and inform Soc Sec of the new info for direct deposit. It can go rather quickly. We just went thru this with my Mom. The Bank Officer got the local Soc Sec office on the phone here, told them who she was and what she wanted to do. The SS office got the right person on the phone who spoke with Mom to verify some info. Mom handed the phone back to the bank officer who then gave the SS rep the new routing and acct info and that was it. This was about the middle of the month and Mom's next SSI payment was direct deposited into the new acct.

I know it's gonna be a hassle, but worth it to you to protect your monies. Look at how much you need to cover the direct debit bills, and transfer the rest of the money into the new acct. That way your bills are covered until you can get them converted as well. But there won't be much money in the acct if something does happen.

[janna57]

Thanks, for your reply. Did you use the same bank to open another account? Maybe, that will make a difference. I had been wanting to go to another bank for whuile, but I think that it is best to stay with same bank, for now.
Okay, the story with my husband. He was to have hearing with Wolpoff & Abramson on 3/1/06. He called and told them that he would not be able to make it. They made it sound like no big deal to him. That he would recieve a paper in the meal about the judgement against him and that he had 30 days to appeal. He did contact them on the 30th of the month. So, how quick will they act? How much time, do I have?

[SinkingFast]

We were moving to a different State so Mom was totally changing banks.

Since your Hubby didn't appear, the Court entered a Summary Judgement against him. You probably should call the CourtHouse, or an attny, or someone, to learn what Hubby's rights are. Where things stand right now, and how long it will take for the process to move along at this point.

Different States and Local Courts, different rules.

Some places you get served and eviction notice, the eviction notice itself allows the renter 30 days to move. And the renter could stay longer if they want. The Landlord cannot forceably remove them.

Other places, like where we live now, it goes quick. Landlord applies for an eviction notice hearing. Takes about 10 days to get the eviction notice hearing. Landlord presents their case. Judge order the eviction. Sheriff serves the notice, and the tenant has 10 days to move. No if's, and's, or but's. If the tenant doesn't move, the Landlord has the right to forceably remove the tenant's belongings from the property.

So you'll just have to see how things are set up to proceed where you're located.

[janna57]

SinkingFast,

Thank you for your reply. Phew! I just got back from my bank. I opened a new account and contacted SS and other disability. I am going to be okay. SS said that my April payment should be in the new account, and my other disability is 10 days, so I will be okay. I will keep my other account open just to be sure my money was deposited in right account. Then, I will close out old account. So, there will be no money in there. So, everything will be okay. What a hassle! But, thanks for your information.
As far as eviction goes, that is not an issue. We are current with rent and no problems with landlord.
But, thanks again!

[SinkingFast]

The eviction thing was an example. Foreclosures vary State to State as well.

Some of these things you have check your particular State to see how it's handled.

Glad you were able to get things changed over really quick!!

Hope everything goes smoothly in the transition with no deposit or debit problems!!