Is state teachers retirement system disability andVA army disability payments exempt from garnishment?

UPDATED: Aug 31, 2011

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Is state teachers retirement system disability andVA army disability payments exempt from garnishment?

If we are garnishment proof, should we find a bankruptcy attorney to assist us with trying to work out something with creditors? The medical bills are not going to stop. In Warren County, OH.

Asked on August 31, 2011 Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, retirement and disability benefits of a debtor are exempt from the levy and garnishment process by a judgment creditor. The problem is that if one takes a retirement or disability check and places it in his or her own bank account, the check then loses its exemption and would then be subject to a levy.

I recommend that from what you have written that you consult with a bankruptcy attorney about the matter you have written about further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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