I'm not an attorney, but generally any benefit payments from retirement/unemployment/social security/disability cannot be garnished.
however, creditors will try to bank levy you in this situation.
the trick is don't deposit any money where your benefits go, other than the benefits.
A bank levy can be a tricky form of garnishment in this case.
if you put any money into a particular account besides your benefits, then they can levy the entire account.
maybe keep a separate account JUST for your benefits and take care never to make any deposit, other than the check or direct deposit from your benefits. You may stil get levied on that account, but you can prove it was benefits only and get your money back.
No, a creditor cannot garnish unemployment benefits. Under Federal law, unless it's a judgment for spousal or child support, neither unemployment nor worker's compensation can be garnished.
Such benefits are exempt from creditor garnishments. However, the funds should never be commingled with non exempt monies to assure their protection from a judgment creditor.
Maybe; best see a lawyer.
No. The only garnishment allowed against unemployment benefits are spousal and child support.
Generally speaking, most states only allow garnishment from unemployment compensation for spousal or child support. Check with your local state unemployment office for clarification.
If you are a resident of AZ, and collecting unemployment benefits from both AZ and TX, AZ could possibly garnish the TX benefits to help defray their costs.
No. SSD and SS benefits of all types are 100% exempt from creditor attachment. They are protected by federal and state exemptions/laws.
No. All SS benefits are exempt by federal law from creditor attachment.
They sure can in Michigan if it is a court ordered child support payment.
I JUST spoke to a person that is part of Dave Ramsey's Financial Peace University - a certified consultant/counselor and he stated that creditors cannot garmish unemployment checks or the wages earned via an unemployment claim. Additionally, when I spoke to the main FPU number in TN, the counselor online stated that creditors cannot garnish SS and disability pensions/wages, either.
If the creditor sues the debtor in civil court and is awarded a judgment the judgment can be executed as a wage garnishment.
A creditor can garnish wages or attach assets if they have obtained a judgment against the debtor.