Can creditors/debt collectors garnish SSD or VA disibility pay?
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Can creditors/debt collectors garnish SSD or VA disibility pay?
Asked on July 27, 2011 Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Most disability payments, SSD and VA among, are "exempt" funds. This means that they cannot be garnished by a creditor/debt collectors. It used to be that a creditor could freeze your bank account in an attempt to get these funds. If you did not object within a specified time period then the money would in fact be paid over by your bank even though they were otherwise exempt. But due to recent regulations this is no longer the case. According, if exempt funds are paid into an account via direct deposit, they cannot be frozen in your account (however other non-exempt money can be). Therefore as you have direct deposit (i.e. you do not deposit a check), your creditors/debt collectors cannot garnish your disability payments.
Note: Only 2 months worth of benefits are protected; and don't transfer benefits to another account or else the protection is void.
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