Ask Me Help Desk - Civil Suit - Can they take my unemployment

I'm going to court on 12/02 because I'm being sued over an Orthodontic bill ($3000). I owe the money and am willing to setup payments, however, this is my question: I know they can take 25% of my paycheck (unless we agree on something else, I file a slow pay motion, etc) but I lost my job in August and currently am living on unemployment and child support. I'm single with a 16 year old at home and a 20 year old (that has some serious medical issues).

Will they take 25% of my unemployment check? My child support is paid directly to me from my ex so I don't see how they could take a deduction from that amount.

I would literally be on the street if they touch my unemployment. Someone please let me know asap.

Quote:

Originally Posted by durham08

I'm going to court on 12/02 because I'm being sued over an Orthodontic bill ($3000). I owe the money and am willing to setup payments, however, this is my question: I know they can take 25% of my paycheck (unless we agree on something else, I file a slow pay motion, etc) but I lost my job in August and currently am living on unemployment and child support. I'm single with a 16 year old at home and a 20 year old (that has some serious medical issues).

Will they take 25% of my unemployment check? My child support is paid directly to me from my ex so I don't see how they could take a deduction from that amount.

I would literally be on the street if they touch my unemployment. Someone please let me know asap.

What State? It varies.

If a Judgment is obtained the creditor CAN lien against mingled funds (if he cannot outright take your other checks). That means any monies from Unemployment/Support can be seized if they are combined with any other monies - gifts, savings, prior employment.

There is always the possibility - and it's posted often - that the credit WILL file a lien against the bank account and then you have to fight to get it removed. This takes time while your account is frozen.

So - what State and if you have automatic deposit I would change that.

Quote:

Originally Posted by JudyKayTee

What State? It varies.

If a Judgment is obtained the creditor CAN lien against mingled funds (if he cannot outright take your other checks). That means any monies from Unemployment/Support can be seized if they are combined with any other monies - gifts, savings, prior employment.

There is always the possibility - and it's posted often - that the credit WILL file a lien against the bank account and then you have to fight to get it removed. This takes time while your account is frozen.

So - what State and if you have automatic deposit I would change that.

State is Tennessee. I don't have auto deposit for the child support I receive or my unemployment. I have nothing in the debit bank account I do have. I also have no property or any other asset whatsoever. I rent the apartment we live in and am actually getting ready to loose the car I financed. The only money I have at all is my weekly unemployment check and my monthly child support check.

Judy is correct, and it is good that you don't have direct deposit because I don't believe there is any state that allows garnishment of unemployment benefits.

Quote:

Originally Posted by durham08

State is Tennessee. I don't have auto deposit for the child support I receive or my unemployment. I have nothing in the debit bank account I do have. I also have no property or any other asset whatsoever. I rent the apartment we live in and am actually getting ready to loose the car I financed. The only money I have at all is my weekly unemployment check and my monthly child support check.

Honestly am sorry you're going through this but it sounds like you are "protected" at the moment from liens.

Just keep in mind about the bank account.