Can the court order my disability to be garnished? 9 Answers as of January 23, 2014

I received a summons to appear in court on February 24, 2014 being sued for remaining balance after my auto was repoed. This was after I lost my job and my unemployment ran out and I was waiting for my disability to go through. I am now receiving disability.

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Kirby G. Moss PC | Kirby G. Moss
Disability cannot be garnished but once it's in your bank account, the account could be garnished potentially.
Answer Applies to: Indiana
Replied: 1/23/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
NO it cannot. That money is exempt from any attachment and a court cannot change that.
Answer Applies to: Illinois
Replied: 1/22/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
As a general rule, Social Security disability income is safe from seizure by any creditor, except federal agencies. However, you must not combine your disability income with any other funds because other funds do not have that protection. Be sure to notify your bank to designate your account as a Social Security account.
Answer Applies to: Arkansas
Replied: 1/20/2014
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
No, they can't.
Answer Applies to: California
Replied: 1/22/2014
Hoang & Tran PLLC | Adam Tran
I do not believe so.
Answer Applies to: Texas
Replied: 1/22/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Social security disability cannot be garnished by a creditor of a repossessed car. Even if they get a judgment against you, they will not ever be able to come after that source of income.
    Answer Applies to: Ohio
    Replied: 1/20/2014
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    No. Disability cannot be garnished.
    Answer Applies to: New Jersey
    Replied: 1/20/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, disability will not be garnished.
    Answer Applies to: New York
    Replied: 1/20/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    The court cannot order disability benefits to be garnished or otherwise applied to a debt. This does not mean you should ignore the court proceedings or allow a judgment to be entered. You can still be ordered to periodically appear and explain your assets and income. The creditor has the burden of proving that the repossessed vehicle was disposed of in a commercially reasonable manner and that proper notice was given. In addition, if you are being sued by someone other than the party you made payments to, the plaintiff has to prove it owns the debt. Finally, the statute of limitations is four years after breach.
    Answer Applies to: Illinois
    Replied: 1/20/2014
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