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Can long term disability income be garnished by creditors

Clovis, CA |

Can longterm disability be garnished for credit card debt?

Attorney Answers 1

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The answer to your question may depend on the type of disability that you are receiving. For example, third-party disability insurance payments can be considered income. They are considered earned and are taxable. Depending on the policy conditions they could be garnished by judgment creditors. Conversely, Social Security Disability (SSDI) and Supplemental Income (SSI) are generally not garnishable by judgment creditors.

Keep in mind that by referring to judgment creditors, I am not referring to persons who are owed child support, spousal support, federal student loan repayment, back taxes (i.e. the IRS). In many situations, those types of payment may be garnished from long-term disability payments.

To know for sure, you may want to contact a local attorney or professional who is knowledgeable about your financial situation to find out whether the creditor is the type that would be able to garnish your income and whether your income source is the type that can be garnished.

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