- July 31, 2008 at 5:54 pm #261013
In my state, the first $1200 of income per month is exempt from
garnishment. My disability was only $640 a month so legally the
creditor wasn’t entitled to any of it. But, they would have gotten 3
of my disability checks anyway had I not been able to get a lawyer
through legal aid because the bank was legally bound by a court order
to turn over all the money in the account to them at the end of 90
days. Fortunately, my lawyer got the papers filed a few days before
the 90 days were up and that halted any action being taken on my bank
account until it went before a judge.
I also learned through my lawyer that once the exemption had been
filed, the creditor could object to it and that would mean another
court hearing, plus they could request up to 3 postponements and delay
my money being released for about 12 months. Fortunately my creditor
didn’t take it to that extreme.
I thought that when a person has their wages garnished the person gets
to keep the personel exemption plus the standardized deduction they are
entitled to on our taxes. That would be something like 9-10,000 dollars
per year. It’s a miserably low amount. But disability money should have
NEVER been included in those assets being frozen.
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