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Under Colorado or federal debt collection laws is a disability check exempt from garnishment
Greeley, CO
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Posted about 1 year ago in Debt Collection
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disability check exempt from garnishment:
I have been out of work for more than a year because of an illness. I have recently been declared disabled by the social security office. I will start collecting a disability check soon. I have some unsecured credit card debt that I have been unable to pay. I am now being sued for that debt. Is disability income exempt from garnishment?
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Answers (1)
Gregory J. Jalbert
This attorney is licensed in Washington.
Posted about 1 year ago.
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I believe it is but the problem will be a bit more difficult if the credit card company garnishes your bank account. If there are non social security money in the account it is hard for you to prove the funds are social security proceeds and not the other funds. It is not illegal for the credit card company to garnish a bank account if they follow the correct procedure and the bank will put a hold on the funds. It is then up to you to contest the garnishment claiming the funds as exempt. All during this time your funds are frozen. If you won't be able to pay back the credit card debt you might want to consider bankruptcy in order to put this matter behind you.
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