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Can your disability check be garnished?
Yes, your disability check can be garnished. The reasons can be child support and taxes even across state lines. This happened to me. Yes I am speaking from experience not some law book or hear say. You have no protected income.
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No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security… Act (42 U.S.C. 407). Additional Information I only work as a paralegal at a judgment recovery firm which handles wage garnishments and bank account garnishments to collect money from judgments which have already been settled, I am not an attorney and I recommend you speak to one for legal advice. With that said, the basic answer is no they cannot. When pursuing for instance a bank account garnishment the law firm is required to send you a form notifying you of the garnishment action and included in this paperwork are some discovery forms where you will be asked a series of questions which they use to try and find other ways to collect such as other accounts you may have, etc. Included in this discovery is a form called "Claim of Exemption" where you have the option of saying that you are exempt from all or part of the garnishment because of reasons that you check off or write in. One of the options is social security benefits, which are specifically listed as exemptable income. Among various other things once you file this you say that they cannot take this money. Your money will remain frozen which is what happens when they move to garnish your account. The simple act of filing this though will prevent them from moving for a final judgment of garnishment which moves to actually have bank take the frozen money and send it to the firm. Now in my experience there are plenty bogus exemption claims, but when the exemption was for social security payments and the claim was valid, the case is usually dropped. occasionally usually on demand by the client the firm may move ahead with a hearing for an objection to your claim of exemption but if the claim is valid then even when defendants appear pro se (without an attorney) the exemption claim has ALWAYS been sustained by the judge and the objection overturned and soon after your money will no longer be frozen. Once again I advise you to speak to a licensed attorney for legal advice, this is just what I observe at our particular office as ONLY a paralegal. Good luck.
If your disability check is mailed can your disability check be still garnished by an administrative offset?
Sure, the way payment is made doesn't change a thing. The offset is made well before the payment is issued, by check or electronic check.
The quick answer is No. VA Compensation can only be "attached" for federal tax purposes. It can also be Apportioned if dependents are not living with the veteran. The correct …course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment. When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents. The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
SSDI check cannt be garnished for debt, unless it is a student loan, child support or taxes payment.
yes (but not public assistance/SSI)
can the state of maryland garnish my government disability check for back taxes owed the state of maryland ?no they cannot, u.s.gov. disability or social security cannot be ga…rnished, Except for child support and Federal TAXES.
Disability benefits are not subject to creditor garnishment. This law does not apply to child support or tax arrearages. Garnishment action for spousal maintenance depends upo…n the terms of the divorce decree.
yes, in a way it can be garnished. my brother wrote some bad checks went to court over it and they garnished his check after it hit his bank account. the bank and the court ha…d it set up to where the amount would be withdrawn shortly after the deposit was made. ....NO, only if you fail to answer a court hearing and get a judgement against you, THEN, fail to invoke your exemption status ! Only in the cases of back taxes and back child support can Social Security be taken from your account. That is, unless you fail to claim your exemption, then the bank will forward it on ..gotta get off your a$$ to the the above answer.
It can be garnished by the federal government. Federal student loans, IRS debt, ect. Also if you owe back child support or alimony payments, it can be garnished. However, it c…annot be garnished by regular creditors.
Yes, it can ... especially if you owe alimony or child support.
I have the same question and it took some time to get an answer...everthing I had read on the web for this question was an unrelenting "they can garnish and take anything." Ra…ther cruel I thought but I emailed a counselor with the Dept. of Ed. and they wont garnish a benefit over $750. Amounts above this they take the offset.
Not directly. However, in many states, if the landlord obtains a judgment (and a judgment is always necessary for any form a garnishment), the landlord may garnish your bank a…ccount. There are several states (NC, SC, Penn., and Texas) which do not allow garnishment for creditor debts.
Garnishment is a possibility, and disability checks are most likely not excluded. To avoid a situation like that, you have some options, which are explained on the Sallie Mae …website. One option for those with outstanding student loans who are totally and permanently disabled is cancellation. forgiveness, or discharge. Even if that option is not possible, it may be possible to arrange monthly payments that are very low. Please visit the Sallie Mae website for more information. (See the Related Links).