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Can my short term disabilty be garnished?

Fort Wayne, IN |

my wife and i live in indiana and have credit card debts that total $7500 and she has been sued over two of them, court date not here yet. but only income we get is my Railroad Retirement sick benifits, and Met Life short term disability which both run out in march of 2010 and i can not return to my job because of restrictions. can they garnish these incomes and can they attach my bank account? if so how much will be taken out of my bank at a time? i mean will they clean it out so i cant pay bills or a percentage? Like it matters, the income barely keeps us a float!!

Attorney Answers 1

Posted

I don't practice in your state. In most case disability and retirement income is exempt from attachment by civil creditors. However private insurance after it is deposited may be subject to attachment.

You will need to consult with a consumer protection lawyer locally.

1. Start keeping a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDPCA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence.

2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c).
The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of the file.
The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information.

3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing.

4. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department.

5. All collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.

If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything.

6. Get written confirmation of any payment plan the agency will accept before making a payment.

7. Specify in writing all payments will be applied to principle first.

If your debt is with the government like the IRS or a State agency or for Child Support the rules will be different and you will need a local lawyer.

I do not practice in your state and you will need to consult with a local lawyer for additional protection under your state law.

I have pasted a link to the FDPCA to help you with your federal rights;

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

You should read the FDPCA from the link above and become informed about your rights; this will help you and your lawyer.

I hope this information and generic advice is helpful.

Good Luck

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