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Can SS &VA disability be garnished in a debt settlement dispute?

Asked over 2 years ago - Austin, TX

He is 74 diabled Veteran and we both retired with only SS and Va Benefits. We send money every month to debt relief company to settle these debts.We own home a Mobile home but do not own the land it sits on. We pay rent on that. We had 4 star credit rating for 40 yrs. Credit Cards are going into collection now. What can happen to us?

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Attorney answers (2)

Lucas Gene Radney

Reputation Level 8

Answered over 2 years ago. Litigation Lawyer in Dallas, TX.

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Social Security and VA Disability benefits are generally exempt from garnishment, levies for unpaid debt, or bankruptcy. There are some exceptions where the individual receiving benefits owes either unpaid federal income tax or child support, but that doesn't sound like your situation from what you've mentioned. I would likewise encourage you to talk to a local bankruptcy attorney to discuss the specifics of your particular situation. You may not need to file for bankruptcy, but you may get some further advice that is helpful.

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Kevin Lee Linder

Reputation Level 14

Answered over 2 years ago. Social Security Lawyers in Springfield, IL.

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Social Security amounts are not subject to garnishment.

I would suggest speaking to a bankruptcy attorney in your area. Being in debt can be very stressful and you may wish to find the peace of mind of not being harrassed by creditors. Most bankruptcy attorneys offer free consultations and there are many qualified attorneys who would be willing and able to assist you.

Good luck.

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