Are there multiple garnishment exemptions for disability?

Question

Are there multiple garnishment exemptions for disability?

Answer

Wage garnishment is a legal way for creditors to get paid when a debtor fails to remit payments on a timely manner.  There are, however, reasons why debtors may not be able to meet payments.  One of which is the debtor's disability.  When a person is disabled, he or she becomes qualified for various forms of insurances for disability provided that requirements are met.  He/She can use disability claim as a wage garnishment exemption.

If you have a valid disability, money from those benefits cannot be garnished to pay off lenders, except when the payment is for child support.  There are multiple garnishment exemptions for disability.  The first of which is the disability payment that your state provides for you.  Your disability payments from a private insurer is also exempted from garnishment.  Garnishment exemptions are also applicable to supplemental security income payments and social security disability insurance payments.

So this means that if you live entirely on disability allowances, no one can take a portion of your wages through garnishment.  If you are not sure about your situation, you need to get in touch with a lawyer and attend court hearings for garnishments.   Some people with disability may lose in court because they think that they can skip a hearing.  Doing so automatically forfeits your right and gives instant victory to the creditor.  Should this happen, let your lawyer file an appeal in court so that the garnishment will be stayed while you prepare the documents proving that your wages cannot be garnished because they are exempt under federal law.

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