Answered on Jan 07th, 2015 at 9:54 AM
If you receive benefits from Social Security for disability, those benefits may not be subject to garnishment. However, the funds must go in to an account that only has funds from your disability payments. In other words, set up a new account, and have your funds direct deposited to that account. If you keep that account sacred, and no other deposits are made, you can demonstrate, if necessary, that the account should not be garnished because it is funds only for disability.
However, if other checks go into the account - for example, a spouse's paycheck, the account is no longer pure and would be subject to garnishment.
It is a sticky wicket, as they say, and one that often trips people up.
PLEASE NOTE the following:
An attorney-client relationship is not being established because of the information provided above;
an in person consultation is always best when you have a legal problem;
DO NOT RELY on information for a legal remedy without having contacted a lawyer;
facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question;
NEVER rest on a right or defense you may have - legal rights are not like wine - they don't improve with age or time
time limits can completely prohibit recovery;
TO SEEK LEGAL ADVICE IMMEDIATELY go to http://goo.gl/cf1UM to find someone in your state.
Be sure to visit my website for answers to other Social Security Disability questions. http://haller-law.com/faq
No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ