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Can money owed to me be collected to pay federal restitution even though federal government is garnishing my social security

Santa Ana, CA |

I have money owed to me that was kept as evidence when I was arrested.I filed a motion and it was granted.Im suppose to have that money returned to me.Can the federal government keep it and apply it towards restitution.Its 2 totally different cases.

Attorney Answers 3

Posted

This is not really a SS question but I will try and re-list it so the right attorneys can respond.

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Posted

If you owe money to someone, any right you have to receive money (with very limited exceptions) can be subjected to execution by the judgment creditor. The judgment creditor can use whatever sources of recovery are available and does not have to pick one at a time. Garnishment is one way. Execution on assets is another. Both at the same time are perfectly acceptable. The judgment creditor can continue doing this until the debt is paid in full.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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Posted

The government certainly can take the money, but I wouldn't let that detour you from trying to claim it. If they take it, that puts you one step closer to paying your debt. If they do not, you can use your judgment on whether to give it to them anyway to get closer to paying the debt.

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