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garnishment

Date: Thu, 01/04/2007 - 12:35

Submitted by anonymous
on Thu, 01/04/2007 - 12:35

Posts: 202330 Credits: [Donate]

Total Replies: 9


can a creditor/debt collector garnish unemployment benefits


I don't know the exact answer to that, but my first gut instinct is to say no. In fact I am almost positive on this---anybody else know any differently? My reasoning for thinking this would be that unemployment and aid (welfare) are not wages that you have earned. In fact when people receive welfare, it is supposed to technically be just for the support of the applicant and dependents.


lrhall41

Submitted by Lorri on Thu, 01/04/2007 - 12:40

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At times, unemployment bennys can be garnished..But never for consumer debts. It's a relatively new law, as of 2002, I think. Also, generally garnishment laws are federally mandated under the dept. of treasury, so stuff like this, contrary to poular belief, DOES NOT usually vary state to state..Writs fall into different catagories, and each catagory has a different max.

I may be able to help you more if you can be more specific about the debt. If it's a consumer debt, you have nothing to worry about..However, if it's IRS or other federal debt, you may have something to worry about.


lrhall41

Submitted by finsfan13 on Thu, 01/04/2007 - 15:16

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my husband owed a credit card debt that he aquired in a
marriage before us. they put a garniment on our checking account which just the day before I had deposited a check
that was from my late father estate which the check was made
only out to me. cANTHEY LEGALLY TAKE THIS MONEY SINCE THE DEBT WAS NOT MINE OR MADE WHILE WE HAVE BEEN MARRIED?


lrhall41

Submitted by on Fri, 05/01/2009 - 23:22

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i was under the impression that ss checks, unemployment, disabillity, and ss checks were all safe! guess you learn something new everyday. Im glad my debt issues are over, and luckily i live in a no garnish state.

as for the above post, i would assume you have a joint checking and it would be fair game the only way your money would be safe would be in a checking with your name only on it. but i could be wrong im just assuming any checking with his name on it could be garnished even though it may be your money.


lrhall41

Submitted by love_my_things on Sat, 05/02/2009 - 13:56

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The government can garnish government checks for government related debts, like student loans and taxes. Those checks cannot be garnished for consumer debts such as credit cards. Keep in mind that if those funds are put into a bank account, they could conceivably be garnished, especially if they are mingled with other funds. The advice that I got (I am receive SSDI) was to be sure that my Social Security money always stay in a separate account, one where no other money is deposited. I have 3 checking accounts. My SSDI is the only money deposited into 1 of them (direct deposit). Another personal account is for other money that I might need to deposit and the 3rd account is a joint checking account with my wife.

A local judge, as I understand it, does not have the legal authority to tell the Social Security Administration to withhold money for a judgment....there is no system in place for that. I would assume the same to be true of any other government produced check.


lrhall41

Submitted by on Sat, 05/02/2009 - 16:42

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