| Question: |
|
A garnish has been put on my disabled daughter's bank account. The only deposits which go into this account are AISH (assured income for the severely handicapped) deposits. According to the "Act" "Bank account garnishment does not apply to social allowance paid under the Social Development Act, a handicap benefit paid under the Assured Income for the Severely Handicapped Act, or a widow's pension under the Widows' Pension Act, if these payments are kept in a separate account and not mixed with any other money. Joint accounts can be garnisheed." The bank has taken all of her money from her account (her only means of living) and has cut a cheque ready to go to the court which I understand is then sent to the creditor. The bank is holding the cheque presently since we presented this information but they cannot guarantee the creditor's representative (Lagace) that it is AISH and Lagace will not release the garnish. She has now claimed bankruptcy but needs her funds returned. What should we/she do? The bank has stated we can get a laywer's letter to release it, but she cannot afford a lawyer. Any help would be greatly appreciated, especially at this time of year, Christmas! Thank you.
|
