[programdan]

I believe I have a winnable case against an EX. My question is can I garnish her private disability payments. She was working for a company when she was diagnosed with Lupis and went on full disability. The company she was working for had private disability insurance, my understanding this isn't a govt disability payment. Anyhow after I win can I collect?

[bushg]

You will have to get a judge to garnish her wages after you get a judgement. I believe that that requires 2 separate court dates. If he agrees that she owes you then he will want you to work out a deal among yourselves.

[programdan]

Yeah I get how the whole process plays out. What I'm asking is after I get the judgement, and she refuses to pay. Can I garnish? I know I will be able to put a lien on her house, but she is probably going to lose that to foreclosure so I won't be able to collect from that angle. Can I garnish her private disability check.

[bushg]

My opinion is yes.As long as she is not under garnishment from anyone else and you say this is private and not through the government. Also I would think if you have a lien on her house then when the bank foreclosed on it and sold it you would get your money back that was owed to you.You could possibly get your Attorney General to answer some of these questions to make sure. I have found them to be very helpful. Good Luck

[programdan]

Nice thank you. Would there be anything that you could point me to a link or resource I could show her to get her to do this the easy way. She doesn't think she can be garnished. You see this all stems from a faild engagement. According to the Ohio bar association web site. She is in fact bound by law to give the ring back. She is refusing to do so. I believe I will win this in court, but before I get to that I plan to show her the Ohio bar association link that spells out, I think, that she will lose. Then if I could show her a link or resource that will show her that she can be garnished. It might help in getting her to be reasonable. Maybe not, but at least I will have tried. I offered to go to mediation she declined, for obvious reasons I think, and she won't return a call or email or text message now. She also has other property of mine that she won't return, namely a 6 month old 600 dollar grill. That wasn't a gift, but something I bought that she won't let me come get. Anyhow I appreciate your opinion and would greatly appreciate a link or some or reference resource that I could share with her that would point out that I would win and that she can be garnaished. Thanks

[programdan]

Also I am a network engineer so if I can offer any assistance to you please don't hesitate to ask. I can be reached by mobile number also. Email me and I will email the number to you.
Dan

[bushg]

You should be able to take the police and get your belongings back. If you have not tried thatroute already. Go visit or call them and ask them about them escorting you to get your items back.

[bushg]

The law of Ohio and the United States provides that certain benefit payments cannot be taken from you to pay a debt. Typical among the benefits that cannot be attached or executed upon by a creditor are the following:

(1) Workers' compensation benefits;

(2) Unemployment compensation payments;

(3) Cash assistance payments under the Ohio works first program;

(4) Benefits and services under the prevention, retention, and contingency program;

(5) Disability financial assistance administered by the Ohio department of job and family services;

(6) Social security benefits;

(7) Supplemental security income (S.S.I.);

(8) Veteran's benefits;

(9) Black lung benefits;

(10) Certain pensions.

There may be other benefits not included in the above list that apply in your case.

Lawriter - ORC - CHAPTER 2716: GARNISHMENT Good luck

[s_cianci]

You may not be able to. It depends on how much she is getting for disability from her private insurance and what her future earning potential might be.