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#51068 - 12/30/02 04:03 PM Social Security Checks
LSmith Offline
Platinum Poster
Joined: Dec 2002
Posts: 703
If a customer is to receive a social security deposit on the 1st and last week we received a (1) levy OR (2) a garnishment, can we attach these funds or is a social security deposit protected and has to be released to the customer? I am looking for where to find documentation on this. Thanks

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General Discussion
#51069 - 12/30/02 04:15 PM Re: Social Security Checks
straw Offline
Power Poster
Joined: Nov 2002
Posts: 9,121
42 USC 407 is the cite regarding social security proceeds being exempt from levies, granishments, attachments.

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#51070 - 12/30/02 05:04 PM Social Security Checks
elcinoca Offline
Platinum Poster
Joined: Jan 2002
Posts: 537
Elizabeth City, NC

See also some very informative stories on BOL in recent months regarding offsets and levies. One in particular is Lopez vs Washington Mutual.


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#51071 - 06/03/03 08:01 PM Re: Social Security Checks

Embarassed to bring up again! Does the Lopez case pertain to ninth district or all districts? We are located in Ky?

How are other bank handling overdrafts on accounts with SS & VA deposits?

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#51072 - 06/03/03 08:35 PM Re: Social Security Checks
Lestie G Offline

Power Poster
Joined: May 2002
Posts: 3,608
Near the Land of Enchantment
Remember - the Lopez opinion was overturned. Even if it wasn't however, it only applies to the 9th Circuit.
Opinions my own.

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#51073 - 06/03/03 08:48 PM Re: Social Security Checks

Thank you for verifying that I am not losing what is left of my mind. Our senior vice president insisted I was wrong and that case had not been overturned. Thanks again.

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#51074 - 06/03/03 09:27 PM Re: Social Security Checks
RVFlyboy Offline
Power Poster
Joined: Oct 2000
Posts: 5,990
Soaring over Georgia
Refer your SVP to Bankers Online CourtWatch section on Social Security Offsets or more specifically to the new opinion.
Jim Bedsole, CRCM, CBA, CFSA, CAFP
My posts - my opinions

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