Can disability payments be levied against?

I am currently on disability in California. A levy was placed on my bank account that only holds deposits of disability checks. I recieved the letter from the bank 3 days after they recieved the levy order which was dated a week prior to that. Can this limited income be levied?

Asked on June 15, 2009 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally, creditor judgments can be executed as bank account levies in every state.   However, all SS, VA, RRB, and most private pensions and all government disability, supplemental income, etc. are exempt from garnishment for creditor debt in all states; with the possible exception for spousal and child support.

Note: SS, VA, RRB, and other retirement and disability benefits should never be commingled with other funds in bank accounts.  When such benefits are mixed with other income the creditor can request the account be frozen and the judge rule on what portion of funds are legally exempt. 

 


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