Bankrupcy

[Babz]

Jurisdiction

Alabama

We just found out my sister has stag 4 lung cancer. She is receiving SSI benefits. If she stops paying her credit card bills before she see a lawyer and they freeze her bank account?

 

[adjusterjack]

If any of her credit cards are in the same bank as her bank account, the bank can take the money out of her bank account to pay the debt under the Right of Set Off that you and she can find in those account holder agreements y'all get when you open credit card and bank accounts.

If that was the case she would be wise to move her savings and checking accounts to a bank where she has no credit cards and no outstanding loans of any kind.

Beyond that, a creditor would have to first sue her and get a judgment before then can freeze her bank account.

And, even then, there is a recent federal law protecting Social Security benefits to some extent if they are direct deposited into the account:

http://www.fms.treas.gov/greenbook/guidelines_garnish0311.pdf