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Can my state disability be levied on

Los Angeles, CA |

can my state disability be levied on

Attorney Answers 3

  1. State disability payments cannot be levied upon by a creditor unless the judgment is for support.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. State disability is exempt from garnishment and also exempt from levy at your bank, but please be sure that you don't commingle the funds in your account with nonexempt funds, because the other funds can be levied, making it more difficult to prove what is exempt from what is not in your account.

    Be sure that the funds are automatically deposited directly from the agency to your account and that the bank is aware that these exempts funds are in the account. Ask them how they will respond to a levy for the funds to ensure that they will not just turn over the funds and make you prove that they are exempt in court. If a debt collector knows the funds are exempt, they are supposed to not try to levy on them, because they may be found liable for violating the Fair Debt Collection Practices Act.

  3. If you're referring to a creditor, they first have to sue you, and then get a judgment, and they can levy your bank account, so make sure your disability payment doesn't go into an account that can get levied.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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