Can creditors garnish my long term disability payments? If so, would it matter if I filed bankruptcy?

Asked about 2 years ago - Snellville, GA

I had been paying my debts until I was diagnosed with onset alzheimer's and as a result , social security concluded that I could no longer work, and I was placed on social security disability. Then I also got long term disability through money that was being taken out of my paycheck while I was working..

Additional information

I forgot to say that my social security disaility payments are not enough for me to live on, so I wonder if it's because I'm receiving the Long Term Disability. I guess I need to find out if the LTD is taken away, if the my SSD payments would increase.

Attorney answers (3)

  1. J. Jeffrey Williams


    Contributor Level 13


    Lawyers agree


    Answered . If the money was put into a 401(k) or an IRA, no, they cannot. The advantage of filing bankruptcy would be that the creditors will stop harassing you with calls and letters..

    If you found my answer useful, please check it as "helpful" here on Avvo. Answers to questions on Avvo are for... more
  2. Glen Edward Ashman


    Contributor Level 20


    Lawyers agree


    Answered . Your social security is safe from garnishment.

    However, some private disability payments may be subject to garnishment.

    Just to complicate things more, when and if you collect on retirement, some plans also may be subject to garnishment in Georgia (see for one complex court case dealing with this).

    Note that if a creditor gets a judgment it might seize bank accounts and other assets. To do a garnishment, a creditor must first sue you and win judgement.

    It would be wise to see a lawyer to examine your finances and determine if bankruptcy is an option (if you qualify, bankruptcy will wipe out many debts) or if you have reason to worry at all. Feel free to call me at 404-768-3509 for a consultation.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. Gregory Howard Wiley

    Contributor Level 16


    Lawyer agrees


    Answered . Non-governmental creditors cannot get your social security.

Related Topics

Claims to debt

If a creditor has claims to debt, then the creditor only has a few months to file a claim in writing once a debtor has filed for bankruptcy.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

16,190 answers this week

2,250 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,190 answers this week

2,250 attorneys answering