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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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