I had an accident while driving a mo-ped. The persons insurance company paid the driver of the car I struck $2,100 for the damages I caused. Now the Insurance company is demanding repayment or say they will seek a civil judgement against me. I only receive $981 a month and can barley keep my head above water and not return to homelessness. I.m afraid if they come after me I.ll be living back in a homeless shelter or even worse, back in the woods.
The answer is that SSDI benefits cannot be garnished based upon a civil judgment of this kind. There are some exceptions to the rule, but the facts you present here do not appear to fall into those exceptions.
Short answer is NO, your SSDI income cannot be garnished by a civil judgment.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Not on these facts.
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No, the Social Security Act specifically prohibits garnishment of your Social Security Disability benefits. The law is in Title 42 of the U.S. Code, Section 407(a). The relevant text of §407 reads:
(a) The right of any person to future payment under this title shall not be transferable or assignable, at law or in equity, and none of the money paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process….
(b) No other provision of law, enacted before, on, or after the date of this section, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so be express reference to this section….
If someone tries to garnish your SSDI, call a local attorney who is familiar with the the Fair Debt Collection Practices Act. You may have a claim against the creditor for damages.
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