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.

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Originally Posted by AmyY32

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.

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If the pay is coming from your employer you need to make sure the payroll department suspends the garnishment. They shouldn't be attaching disability payments. You should also contact the creditor and explain the circumstances.

I actually talked to my payroll department and a lawyer, and both said that the courts could garnish my disability payments. I couldn't believe it, particularly since that will put my kids and I at an income below the standard $29,000 that the government considers acceptable for a family of 3.

Probably, up to a certain percentage of it. Check with an attorney to be sure. You may also want to file a motion with the court to modify the judgment against you in light of the current circumstances. If no judgment's been ordered yet and this is just in anticipation of such a judgment, you and/or your attorney should make it known to the court that you are disabled and unable to work and are thus living on a very limited income.