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Can discover bank garnish my VA Disability income

Eugene, OR |

Discover bank is trying to garnish my VA Disability can they do that

Attorney Answers 2


Proceeds in a bank account can be generally be garnished bt a judgment creditor, but exceptions exist for social security benefits and disability benefits, which should be brought to their attention, as being exempt, and, if there is a garnishment you should go to the court that ordered the garnishment to prove by tracing the source of funds that there was an exemption.
The funds should be released if they had been garnished wrongfully.
Good luck.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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Technically they can garnish your account but you should be able to recover it all in an easy court hearing as long as you can prove it was disability money that they took. If you are not comfortable doing it all yourself, talk with a local debt collection attorney.

Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship. Gregory L. Abbott, Attorney at Law, 6635 North Baltimore, Suite 254, Portland, Oregon 97203. Tel: 503-283-4568; Fax: 503-283-4586; Email: Specializing in Consumer and Small Business Law.

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