Can my disability be garnished by credit card companies if became disabled due to having MS and unable to work? 12 Answers as of November 07, 2013

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Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Disability payments are exempt and are not attachable. However, what can happen is your bank accounts can be levied, the funds seized, leaving you with the obligation to get into court and demonstrate that the money seized is exempt. Not a good position to be in.
Answer Applies to: California
Replied: 11/7/2013
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
Disability income is exempt from garnishment.
Answer Applies to: Florida
Replied: 11/7/2013
Law Offices of Robert P. Taylor
Law Offices of Robert P. Taylor | Robert P. Taylor
Government disability can't be garnished directly by a private creditor. However, once the money is deposited into a bank account, the account could be levied. If that happened, you'd have to file a claim of exemption and be able to trace those funds directly to disability to get them back. If you mix disability funds with other monies, it may not be possible to protect them in the event of a levy.
Answer Applies to: California
Replied: 11/7/2013
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
The answer to your question will be dependent upon how much disability you receive, what the source of the disability is, and which state you live in.
Answer Applies to: Colorado
Replied: 11/7/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
It depends on the type of disability benefits you have and where you live. Social security disability benefits are always protected from creditor attachment as long as you don't mix your social security benefits in your bank account with money from any other source. Workers compensation benefits are also completely protected from creditors with a court judgment with the same requirement that you cannot mix money from any other source. To be perfectly clear, you can't deposit money even from two completely protected sources into one bank account without jeopardizing the protection provided by law.
Answer Applies to: Nevada
Replied: 11/6/2013
    Law Offices Of M.Azhar Asadi | M.Azhar Asadi
    Hello General speaking your disability benefit is exempt from liquidation in a chapter 7 case by trustee. The credit card companies can not garnish your disability payment without violating the permanent injunction against the collection after the discharge.
    Answer Applies to: California
    Replied: 11/7/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    No. Disability is exempt income.
    Answer Applies to: Nevada
    Replied: 11/7/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    No but put only the disability income into a dedicated account for that purpose.
    Answer Applies to: New York
    Replied: 11/7/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your only income is social security then they can not garnish that.
    Answer Applies to: New York
    Replied: 11/7/2013
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    No, absolutely not. They have no right to touch your disability check. Furthermore, even the threat to do so would violate consumer protection laws.
    Answer Applies to: Illinois
    Replied: 11/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will depend on the source of the disability payments, SSD is not garnishable but, once the funds have arrived it is another issue.
    Answer Applies to: Michigan
    Replied: 11/7/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    They can NOT touch your disability payments. Don't keep any money in the bank - AND they have to have a judgement *before *they can do anything.
    Answer Applies to: California
    Replied: 11/7/2013
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