I have some debts and I can't pay them, I am on Social Security Disability and a small disability pension. Can't they attach the only income I have? I have heard that they can't, Is this true?
2006-07-13 17:25:19 · 8 answers · asked by karen e 1 in Politics & Government ➔ Law & Ethics
Disability can not be garnished.
2006-07-13 17:38:04 · answer #1 · answered by hammer2dead 4 · 2⤊ 1⤋
SS Disability can be garnished IF the source of the debt is a debt owed to or guaranteed by the government.
Your private pension IS subject to garnishment. The issue will be how much. Contact a local attorney.
2006-07-17 05:14:22 · answer #2 · answered by Steve 3 · 0⤊ 0⤋
GENERALLY, disability benefits cannot be subject to garnishment or attchment. The theory behind this is that a disability benefit is a benefit to try to equal you and/or make the field level. Social Security and/or pension benefits (NOT related to disability) are however, subject to garnishment, in most states.
You best course of action is to contact an attorney who deals with bankruptcy and/or credit problems. They will know the laws of your state relating to this. The reason I say this is each state has different rules relating to what is exempt from garnishment and only an attorney in your state will know those rules.
If you don't know an attorney, contact your local or state bar association. They can refer you to an attorney who can properly advise you.
2006-07-13 21:16:34 · answer #3 · answered by Phil R 5 · 0⤊ 0⤋
Social Security benefits are exempt from garnishment under Section 407 of Title 42 of the United States Code. Disability benefits will be exempt form garnishment under most circumstances, but it depends on what TYPE fo disability benefits and what state you are in. You should consult a local attorney for further information.
2006-07-13 18:02:11 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
Only a lawyer could tell you for sure, after hearing all the details of your situation, but normally, garnishment is based on a person's income. With so little income, the court would probably decide that you could not pay anything, or would award your creditors some token amount, say $10 a month.
For completely accurate advice on your specific situation, you should contact legal aid and arrange a free consultation with a lawyer.
2006-07-13 17:35:05 · answer #5 · answered by Riothamus Of Research ;<) 3 · 0⤊ 0⤋
No, if his SSDI have been under the federal poverty baseline of $seven hundred, he could get SSI to make up the diffrence. besides the undeniable fact that, he won't qualify for SSI any further, he will lose that. he will have too plenty earnings with SSDI and his pension to be eligible for SSI.
2016-12-10 06:29:53 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Possible the pension. I don't know about that. The SSI or SSD, no. It is protected by law.
2006-07-13 18:56:50 · answer #7 · answered by Brenda J 3 · 0⤊ 0⤋
NO
2006-07-13 19:50:37 · answer #8 · answered by ? 5 · 0⤊ 0⤋