Photo not that of the actual client.
When “Alejandro” tried to pay to fill up his tank at the gas station, he learned that the bank account he shared with his wife was frozen. The couple’s CARES Act emergency stimulus funds had been deposited in the account, but a creditor was attempting to take the stimulus payment. The CARES Act protects stimulus payments from collection of debts owed to federal and state governments but does not yet address debts owed to private debt collectors. In hope of protecting the federal stimulus funds he and his wife needed to pay their mortgage, utilities and groceries amid the COVID-10 pandemic, Alejandro contacted JALA for help. Staff attorney Mike Pelkowski argued a novel defense recognized by some other states that protects deposits for similar types of tax rebates and benefits. He also used a longstanding defense that at least some of the funds in the account were entitled to protection because the joint account with his wife contained his wife’s wages. With these defenses, Pelkowski filed claims for exemption to avoid the continued taking of the couple’s emergency stimulus money by the debt collector and asked the court to dissolve the writ of garnishment concerning the almost 10-year-old debt, which was only in the name of the husband. As a result of the couple’s claims of exemption their money was released by the court. JALA hopes that Pelkowski’s argument for the novel exemption will lay the groundwork for a single or widowed account holder who would not have other defenses to protect CARES Act economic impact payments.
