Judgment Enforcement: Social Security Bank Account, Even If Not Direct Government Deposit, Exempt From Judgment Enforcement Re Fee/Costs Award

 

Judgment Debtor Must Show Social Security Funds Were Involved, But This Was Done.

Machine signs 7,000 social security checks per hour with no writer's cramp. Washington, D.C., Dec. 14. John W. Thomas is shown here feeding social security checks into a check signing device which reels off some 7,000 checks per hour. The checks are being made at the Treasury Department's Disbursing Division, and will be [...] out starting next Jan. 1 to recipients of social security payments

    Machine signs 7,000 Social Security checks per hour with no writer’s cramp.  1939.  Library of Congress.

       Justice Fybel, on behalf of a 3-0 panel, in Kilker v. Stillman, Case No. G048473 (4th Dist., Div. 3 Jan. 16, 2015) (published) decided that plaintiffs/judgment creditors could not levy on a judgment debtor’s bank account with Social Security funds. Although judgment creditors prevailed below on the argument that only government direct deposits qualified as Social Security “exempt,” our local appellate court disagreed, finding that even “indirect” deposits were exempt as long as the judgment debtor met his burden to show they were Social Security funds—something accomplished in this one.

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