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#23062 - 07/09/02 04:16 PM Lopez - How to Handle Accounts with Mixed Deposits
SJB Offline
Diamond Poster
Joined: Jun 2002
Posts: 1,210
I looked back through the threads on the Lopez case and social security/VA benefit deposits and still have a lingering question. Although not specifically stated, the Lopez case appeared to concern accounts where the only deposits were social security benefits. What about accounts with mixed deposits? For example, what do you do with a levy on an account that receives social security or VA benefit deposits as well as other deposits? (Assuming you are in the 9th Circuit.) Exempt the entire balance in the account? Anything else seems to be a speculative accounting nightmare.
My opinions are not legal advice and are worth what you paid for them.

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#23063 - 07/09/02 10:15 PM Re: Lopez - How to Handle Accounts with Mixed Deposits

You've hit the nail on the head, SJB. I can't think of a practical, much less effective way to account for which offset used what deposited funds from an account to "pay" an overdraft. That's why everyone's so concerned about the court's decision.

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