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Execution of judgment on bank account today!!!
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Posted by Aggravated (208.8.252.58) on April 02, 2002 at 00:54:34:
AAARRRRGGGGG!!!!
Today I deposited into my checking account some health insurance checks to pay for my prescriptions. (I pay for the drugs and the ins. co. reimburses me for the portion that is covered.) They totaled approx $106.00. Five minutes after I deposited the funds, the process server was there to serve a writ of execution on my account. (Talk about some bad timing!) I told these guys twice in court that my only source of income was Social Security Disability and they went ahead and garnished the account anyway.....Here are my questions...
Here is the Montana Code that applies to exempt medical benefits: MCA 25-13-608
"Property exempt without limitation--execeptions. (1) A judgment debtor is entitled to exemption execution of the following:
(f)benefits paid or payable for medical, surgical, or hospital care to the extent they are used or will be used to pay for the care;"
Are these funds that were deposited today exempt, in your opinions?
Since they had prior knowledge of my exempt income, do I have a cause of action against them for attempting to attach exempt income? (Damages: checks will now bounce because they took the money to cover the checks. The checks are for this month's prescriptions.)
It is frustrating and exasperating to keep dealing with these blood-suckers when I am really not feeling well. I plan on talking to an attorney tomorrow, but I can't afford to pay one. Hopefully, I can handle this on my own. I found a template to use to claim the exemption, but I'm not sure if I'm understanding the statute properly. How can I prove what the funds will be used for? Would any rational person assume that the reimbursements would be used to pay for the next months prescriptions?
Thanks for your help and advise.
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