Can disability payments be levied against?

UPDATED: Jun 15, 2009

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Can disability payments be levied against?

I am currently on disability in California. A levy was placed on my bank account that only holds deposits of disability checks. I recieved the letter from the bank 3 days after they recieved the levy order which was dated a week prior to that. Can this limited income be levied?

Asked on June 15, 2009 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Generally, creditor judgments can be executed as bank account levies in every state.   However, all SS, VA, RRB, and most private pensions and all government disability, supplemental income, etc. are exempt from garnishment for creditor debt in all states; with the possible exception for spousal and child support.

Note: SS, VA, RRB, and other retirement and disability benefits should never be commingled with other funds in bank accounts.  When such benefits are mixed with other income the creditor can request the account be frozen and the judge rule on what portion of funds are legally exempt. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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