If I’m at default on my federal student loans for which I’m now being garnished for weekly and I have a personal injury settlement coming in, will my settlement award be garnished in full?

Asked on January 18, 2013 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it will not.  Generally speaking, proceeds from a personal injury settlement are exempt from garnishment in California but you need to file an exemption claim in a timely manner.  State law will dictate how this is done and it best that you speak with your personal injury attorney for herlp here.  Good luck.


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