Legal Question in Bankruptcy in Washington
I recently had my home forcloused on and my credit card companies are saying they will garnish what money I have in Bank. My income comes from Soc. Sec. and I also receive 100% service connected disability. My wife is a Philippine national and I'm planning on moving to the Philippiens. If I move to the Philippiens can my creditors garnish any money that I have direct deposited in that Bank. [email protected]
1 Answer from Attorneys
If your only income is from social security, your income is exempt from garnishment as well as any funds in your bank account that derive from the same source. What's more, a creditor cannot take the act of garnishing your account with out first filing suit against you. However, to avoid the garnishment, you must defend the suit by stating that your income is exempt due to the fact that it is from social security for your disability. In essence you are judgment proof. Nonetheless, if you have substantial debt, you may want consider filing for chapter 7 before moving to out of this country.
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