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Can Law Suit Winnings Be Taken by Collector?

Date: Thu, 10/30/2008 - 22:27

Submitted by anonymous
on Thu, 10/30/2008 - 22:27

Posts: 202330 Credits: [Donate]

Total Replies: 3


I won a law suit for a car wreck. I haven't worked in 4 years. I won very little money. I got money for lost wages, pain and suffering, and future medical expenses.

If I am sued by a collector, what part of the above money could they garnish?

Or if I am given a canceled debt form to file with my taxes, will the lawsuit winnings money increase my taxable amount?
What part of the above money is reported as income on my next tax return?


I guess it ultimately depends on state law. Generally any assets you own can be attached to the judgment, unless it is exempt per state law. Your personal injury award might be considered an asset, even if it's not yet tangible.

If you were paid already, and it's sitting in your bank account, then they probably can levy your bank account.

If you weren't paid yet, then they may be able to direct whoever owes you money, to pay them instead, until the judgment is satisfied. I don't know about other states, but these third party citations can be done here in IL -- kind of like a garnishment, just not for wages. And because it's not considered wages, there's no 25% cap.

You're probably best to consult an attorney to protect those funds.


lrhall41

Submitted by DebtCruncher on Sun, 11/02/2008 - 17:37

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