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If a person is on disability can a debt collector garnish the check or is there a law that protects the disabled from debt collectors?

2007-06-25 09:16:27 · 2 answers · asked by SANDY G 2 in Politics & Government Law & Ethics

2 answers

I've been disabled for 7 years. The first 4 years I was receiving a disability check from an Insurance company and The last 3 from Social Security. This is a tricky question, first Is this person receiving disability from SSDI?, if yes the way I understand it from my debts woes is if they are debts that are Federal debts or debt that are collected by the Treasury Dept Yes they can attach or garnish wages. Secondly If the disabled person has other income or monies coming in and being deposited in the bank or if the disabled party has a spouse that works and deposits their money in the same account that the disability fund are being deposited in,maybe . If the creditor request an asset hearing requiring that the debtor furnish all financial info along with any debt associated with debtor and/ or spouse, if it is determined that more fund or funds greater than the disability check amount is being deposited or withdrawn from that account the creditor could push for garnishment of wages. Now this will probably depend in which State you live in so contacting a lawyer would be advisable

2007-06-25 09:59:45 · answer #1 · answered by hearoldbands 2 · 1 0

Depends who the debt is owed to and what state the debtor is in. You can bet they can garnish the check for taxes.

2007-06-25 09:24:30 · answer #2 · answered by davidmi711 7 · 0 0

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