Garnishing disability

Asked over 1 year ago - Orlando, FL

can USAA bank garnish my checking account when my income is from disability(Veterans Affairs compensation and pension) and SSDI? I have $20,000 balance on that account

Additional information

I bank with USAA and the $20,000 is in my USAA checking account

Attorney answers (4)

  1. Paula Brown Sinclair

    Contributor Level 20

    3

    Lawyers agree

    Answered . Be very careful here. Your status as a VA disability beneficiary does not protect you from the legal collection activity of your creditors. Only a bank deposit you can prove was received as such a benefit is exempt from execution. Commingling such benefits with money from other sources can result in loss of the exemption. For the precise advice and assistance you need to deal with a garnishment that has already occurred, or to avoid the possible bad results described above, you should consult with local public benefits or consumer rights counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Eugene P. Castagliuolo

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You didn't give any details about the nature of the obligation. In other words, why are you concerned about a garnishment? Is there a judgment against you? A pending lawsuit? Perhaps you are a candidate for bankruptcy. Perhaps you have one or more defenses to the unidentified threat which has you thinking that your $20,000 is at risk. More information is needed, but further still, you probably should speak to a qualified attorney. Like yesterday. There is too much at stake for you to trifle with this matter. Good luck!

    As of the time I provided my answer to your question(s) today, I am NOT your lawyer and you are NOT my client.... more
  3. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . To make sure any social security money is not garnished you need to keep it in a separate account.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Renee Mayerson Cannella

    Contributor Level 13

    2

    Lawyers agree

    Answered . Funds from those sources are exempt from collection but unless they are readily identifiable the bank may put a hold on them if served with an execution and then your will have to file for an exemption.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her... more

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