If you're disabled and facing mounting debt problems, you're likely curious how you can protect an important source of your income.
Fortunately, in most cases, creditors aren't allowed to garnish Social Security Disability benefits. There are circumstances when Social Security wages can be garnished, but generally these are limited by state and federal laws. If you are struggling with credit card debt or medical bills, your income is likely safe from garnishment.
Creditors may, however, come after other assets. They may try to garnish a family member's paycheck or go after your savings accounts. If this happens to you it may be time to look into the protective power of the bankruptcy automatic stay.
The automatic stay is a legal process that starts when someone files for bankruptcy protection. The automatic stay kicks in quickly, and puts an end to all forms of collection, including wage garnishment during the bankruptcy proceedings. It may even be used to stop foreclosure, repossession and lawsuits.
If you are considering bankruptcy, and you'd like to know more about the automatic stay and protecting your income and assets, speak with a bankruptcy attorney. Get a free case evaluation with an attorney near you when you complete the form on this page.
There are instances when Social Security Disability can be garnished. Here are some examples of those instances. For details about your situation, you may want to talk to one of our sponsoring bankruptcy lawyers.
Social Security Disability payments are susceptible to garnishment to pay court-ordered spousal support and child support.
If you owe taxes to the government, Social Security benefits can be garnished.
Federal and private student loans are backed by the government, so the government may deem it appropriate to garnish benefits that it pays. Student loans also typically don't qualify for the Chapter 7 debt discharge.
If you are struggling with debt and Social Security Disability is your main source of income you may be able to get help through Chapter 7 bankruptcy. It was specifically designed for people who don't have the income needed to clear their debt. Plus, filing doesn't mean you'll have to sacrifice your benefit payments, now or in the future.
Get more information on how filing may affect you by speaking with a bankruptcy lawyer near you. Complete the free form on this page and we'll connect you right away.
The above summary is for informational purposes only and is not legal advice. For legal advice on your particular situation, contact a local attorney.