Legal Question in Credit and Debt Law in New York

Garnishment & Social Security Disability Benefits

I would like to know if creditors can go after my SSD benefits in other words can they garnish my benefits?


Asked on 8/28/06, 11:15 pm

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Garnishment & Social Security Disability Benefits

no they cannot. That does not mean they can't try. Usually, if the bank that handles your deposits sees that the only funds going into your account is SSD, they won't allow the restraint to lock up the funds...but, if any other funds are going into the account (like a gift or just some funds you got from wherever) that would mean the account was not solely for SSD and the bank has to allow the restraint to go through...then its up to you to commence a proceeding in court to prove that the funds (or the majority of them) are SSD and are exempt.

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Answered on 8/29/06, 3:00 am


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