Ask Experts Questions for FREE Help !
Ask

Garnishment of VA Disability Benefits

Asked Mar 25, 2007, 02:24 PM — 1 Answer
I live in Colorado. Can you explain how the garnishment system works? Doesn't the company issuing the garnishment have to notify the person before the money is just taken. Can 100% VA Disability Benefits be garnished? My boyfriend had money from his bank account garnished without any notice. How would he get that money back. Do you know which CFR covers garnishments for service connected disabilities?

1 Answer
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
Expert
 
#2

Mar 25, 2007, 03:42 PM


Ok, first a company does not garnish, a company gets a court order called a judgement, and your boyfriend would have reicieved dozens of late notices, warnings to pay. He would have been served papers to appear in court for a hearning.

After they get a judgement then they can garnish any pay or attach any bank accounts.
And no after they get a judgement, it would be pretty silly for them to warn you they were gong to get your bank account, no one would leave their money in it would they. So no after the judgement no other warningis normally needed. In TN and a few other states prior notice to a paycheck garnishment has to be given on an approved state form. ( but many places don't do it, anyway)

Now they can not get his disabillity benefits, but now that his bank account is frozen, he is going to have to prove by motion with the court what percent of the money in his bank account was from his disability and how much was from other sourses.
He will need an attorney for this ( and he needed one when he was served with notice of the judgement hearing)
Helpful

Not your question? Ask your question View similar questions

 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting

Undo
Redo
 
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Judgement for Social Security Disability Benefits [ 26 Answers ]

I am on social security disability benefits and it is the only income I have. If a credit card company has a judgement against me can they take my disability benefits, personal belongings, or home or lien on home to repay debt? What can they do to collect the debt?

VA disability benefits [ 2 Answers ]

Can my VA disability benefits be garnished to pay unsecured credit card debt ?

Social Security Disability Garnishment [ 10 Answers ]

Can my social security disability benefits be garnished to pay unsecured credit card debt?

Disability and bankruptcy [ 1 Answers ]

I need to declare bankruptcy and would like to know whether there are special clauses protecting me as a registered disabled person in Canada, I.e. Whether my personal possessions and other items I own such as a car, furniture, piano, art materials (piano and art materials are used to earn a...

Garnishment of disability income [ 3 Answers ]

Can the courts garnish disability income while I'm off work? I was in an accident and will temporarily be living on disability insurance income.


View more Bankruptcy & Debt questions Search