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WASHINGTON — After an appeal by Paul Miller of an appellate court ruling in favor of Bank of America, the California Supreme Court has agreed to offer its opinion in the case involving the coverage of an overdraft using Social Security benefit funds.

After erroneously depositing funds into Miller’s account, Bank of America took them back causing Miller’s account to be overdrawn. When his Social Security benefits were deposited, they were used to cover the loss. The plaintiff is claiming the benefits are protected by federal law from garnishment or levy while Bank of America has argued that the overdrawing of the account is not a separate debt, but a function of the same deposit account.

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