I won a lawsuit against my ex awhile back to repay what he owed me. But because he's on disability and doesn't work, I can't get any of the money. Can I petition the courts to garnish his disability check until the amount owed is paid?
2007-04-20 21:01:03 · 9 answers · asked by gothikgirl87 3 in Politics & Government ➔ Law & Ethics
Probably not in the US as the only folks who can move against him would be the Federal Government such as the IRS. You can petition the courts to garnishee, but you would be out the filing fees in most states if they would even accept such a request. Doubtful that a local small claims court would have the authority to attach a federally issued SSDI check.
2007-04-20 21:12:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
not if it is Social Security disability benefits because social security income is excluded by statutory definition from income available to repay creditors. This also means it is not considered as income used to determine the amount to repay anyone in a legal proceeding.
Less appreciated is the fact that federal law also protects any social security benefits he has already received. Instead of an income adjustment, this protection operates as an exemption, just like an exemption that provides a homestead allowance or a motor vehicle. people who find this particularly advantageous are those owed a lump-sum payment under social security laws, or those who have an account with substantial social security deposits.
This protection is a broad federal non-bankruptcy exemption, provided by 42 U.S.C. 407 (Section 207 of the Social Security Act). The statute provides that "none of the moneys paid or payable or rights existing under this subchapter [of the social security act] shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."
Other narrow federal laws provide exceptions to this protection outside of bankruptcy for certain child support and alimony obligations, as well for certain federal tax and other obligations to the federal government. However, even debtors with these obligations will still receive protection of their social security in bankruptcy, although other bankruptcy laws, such as priority creditor laws, may necessitate these obligations be paid from some other source.
so long story short, if you are asking for a garnishment outside bankruptcy and your claim is associated with child support, alimony or tax obligations then yes you can even garnish his Social Security money.
however, if it IS a garnishment started from within a bankruptcy process and the monies will be used to satisfy a debt judgment of either a secured or unsecured claim (or simply the bank or a creditor trying to get you to pay them back by freezing your funds) then NO they, or you, cannot garnish your ex husbands social security payments.
to re-iterate... by law any current, expected and prior social security payments are protected and cannot be garnished to settle a judgment. the only exceptions to this rule are listed above.
look up citation U.S. Code› Title 42 › Chapter 7 › Subchapter II › § 407(a) to further clarify this rule
2014-11-06 06:08:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Grrl you need to register with the DA I don't know where you live.. But I live in So Cal and my ex dead beat daddy owes 28,000 and I got like $115 outta his disability.. Only cause I keep in touch with the DA in the county I filled divorce in..
The amount wasn't much.. But the point is worth far more.. Good Luck
2007-04-20 21:13:02 · answer #3 · answered by Julie 4 · 0⤊ 0⤋
Depends on the disability. If it is a VA disability from military service than no. If it is an award as part of a workman's compensation then yes but it is difficult. Basically, if the payment is tax reportable then you may stand a chance but if it is not then you can just forget it.
2007-04-20 21:06:20 · answer #4 · answered by ? 4 · 2⤊ 0⤋
no value you're taking the workplace paintings, divorce papers and something else that has to do including your children or toddler in words of help to the nearest family contributors courtroom. You talk to the "intake" man or woman and record a action for arrears of kid help. You ask to modify the contract via having his help paid via the family contributors courtroom. this would take somewhat longer to get you money yet you receives it. And if he comes to a call no longer to pay - they proper away bypass after him for non fee. bypass to courtroom....
2016-12-04 09:52:07 · answer #5 · answered by huett 4 · 0⤊ 0⤋
More than likely the answer is no. Goverment money can not be garnished.
2007-04-20 21:08:47 · answer #6 · answered by Erin 7 · 0⤊ 1⤋
Yes.
2007-04-20 21:03:56 · answer #7 · answered by Mopp 3 · 0⤊ 0⤋
depends, if it is military disability..prob not.
best advice, call a lawyer and ask.
2007-04-20 21:04:54 · answer #8 · answered by Paul D 3 · 0⤊ 1⤋
no..that cant be touched
2007-04-20 21:03:42 · answer #9 · answered by Anonymous · 0⤊ 1⤋