Can my disability check be garnished?

Question Details: I have a defaulted student loan

Asked 10/28/2009 under Insurance Law | 603 View(s) | More Legal Topics

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Insurance Law Law Answers

Typically, disability payments (SSD, VA benefits, etc) cannot be garnished.  They are "exempt"; that is protected under law.  However, garnishments are allowable for certain kinds of debt - taxes, court-ordered restitution, child support, alimony and federal student loans. Yet, even if your state allows for this, the usual amount of the garnishment cannot exceed 25% under federal law (state law may allow for even less).

You should consult with an attorney in your area as to your rights under the specific laws of your jurisdiction.

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