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Lopez v. Washington Mutual Bank, Inc.

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Reversal of Lopez Case on Social Security Offsets

Prior articles (now updated due to the court's reversal of its decision):

Offsets Against Social Security Payments

Bank Offsets Against Social Security & V.A. Direct Deposits by Charles Cheatham

The 9th Circuit U.S. Court of Appeals initially held a financial institution that utilizes Social Security deposits and/or SSI benefits to offset account overdrafts and charges is in violation of federal law unless there was a "knowing, affirmative and unequivocal" consent of the customer to the offset after each deposit is made, because federal law prohibits execution, attachment, "or other legal process" against such funds. Subsequently, however, the Court reversed its opinion. Old opinion; new opinion

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