Can disability income be garnished?
Date: Tue, 10/17/2006 - 09:51
Can my short term disability income be garnished for a small claims court suit?
Under the US code collection, the disability funds cannot be gar
Under the US code collection, the disability funds cannot be garnished for unsecured debts. Moreover, the creditors should also not call you repeatedly for taking your disability income.
Quote:
???? 407. Assignment of benefits (a) In general The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. (b) Amendment of section No other provision of law, enacted before, on, or after April 20, 1983, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section. (c) Withholding of taxes Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this subchapter, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person????????s representative payee. |
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000407----000-.html
