Legal Question in Credit and Debt Law in Missouri

garnishee of Federal or State disability payments

I am a landlord. My renter has become disabled. He lost his job. He has a wife and four kids. He fell behind in rent. I helped provide rent and repairs for awhile. They owe us nearly $1800. He now receives Federal or State disability payments, $1506 a month. They are repaying the balance at a rate of $60 a month. They are talking about leaving the premises. I want to draft a promissory note for the back rent and repairs needed on the premises. If they default, may I garnishee his disability payment?

Thank you. --name removed--


Asked on 1/14/04, 11:20 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: garnishee of Federal or State disability payments

In most cases disability payments are not garnished, but it depends on whether it is from a private or public source. I don't believe that Social Security Disability can be garnished.

I would urge you to get legal help in arranging some kind of legal arrangement requiring repayment. For example, you may want to file an unlawful detainer action to (1) insure that your right to relet the property is preserved and (2) Obtain a money judgment that can be executed against by a garnishment.

I would urge you to see an attorney to help you with the many questions that will arise in this process.

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Answered on 1/14/04, 5:36 pm


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