No, your government disability payments are exempt from garnishment. They would need to first file a lawsuit and get a judgment a you before they can attempt to seize any assets. If they should file a writ of garnishment to seize assets, you can file a claim of exemptions.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Also please note, you may lose some of the protection so ably discussed by my esteemed colleague if you mix the social security benefits and other money in one bank account - you need to keep only social security funds in that account.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
In this case your Social Security Disabilty benefits cannot be garnished by the auto finance company. Social Security benefits are protected from most creditors with some exceptions, such as past due taxes and unpaid child support, alimony or spousal maintenance. If the auto finance company has obtained a judgment against you, they may attempt to collect the debt by obtaining a writ of attachment against your bank account. Please make sure that the only money that goes into your bank account is money from Social Security. If you can prove that the only money in the account is Social Security proceeds, you'd be able to defeat a writ of attachment if they attempt to take your bank account. If you co-mingle funds in your bank account with any other moneys, no matter how small, then you have co-mingled or polluted the entire pool of money and the creditor can argue that they should be able to attach, or in other words, take your bank account money.
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