Affidavit to Declare Bank Account Only Contains Social Security

This affidavit can be filed pre or post judgment in a court action.

  • Filing it, when true, cautions the creditor from attachment on the account.  
  • The controller of the Currency has set up rules that require banks to protect up to 2 months worth of Social Security and not pay that out under attachment of the account.  
  • Any debtor has the right to claim the exemption of ALL Social Security funds in a bank account.  
    • This must be done within 10 days of the attachment.
  •  Kansas Legal Services may be able to help low income persons in claiming this exemption.

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