Debt Collection
Income Garnishment
Social Security

Can VA disability and federal medical disability payments be taken by a creditor?

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2005-10-11 13:21:27
2005-10-11 13:21:27

All Social Security (SS, SSI, SSD) VA and the most other disability benefits are exempt from attachment by creditors. It is very important that such benefits be held in a bank account separately and no deposits of any other funds be placed in said account. If the person has reason to believe that a creditor may attempt to garnish the exempted funds they should let the bank and the creditor know that they are exempt under federal and state laws. Some creditors will garnish exempted property either in error or in attempt to coerce the debtor into making a payment agreement or settlement. It would be advisable to consult an attorney if it is believed there is a possibility of garnishment action. Most attorney's offer free or minimal fee consultations, or you might wish to contact your state bar association's legal aid organization.

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