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Can a creditor garnish disability benefits under WA state law

Asked over 3 years ago - Aberdeen, WA

I owe verizon for canceling a contract before it was up because I could not longer afforid it. I am disability. They turned me into collections. can they take me to court and take my disability check . My husband is also on disability and I need my car to take him to Drs. and also to get to Drs. myself. can they sue me and take my car? I have no money to pay this.

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Noel Pitner

Reputation Level 7

Answered over 3 years ago. Bankruptcy Attorney in Spokane, WA.

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Disability payments are generally exempt from judgment/collection. Be careful though- a creditor may try and attach your bank account and seize the funds in the account regardless if they are exempt or not. Then it is up to you or an attorney to claim an exemption in those funds and demand that the bank release the funds accordingly. If you do not do so quickly (usually within 20 days of the bank levy) and the funds are forwarded onto the creditor by the bank, it becomes very difficult to get the funds back short of a lawsuit.

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