How do I stop the IRS from garnishing my disability checks?

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How do I stop the IRS from garnishing my disability checks?

I’m permanently disabled.

Asked on January 11, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the Internal Revenue Service is garnishing your disability checks, you need to file a claim of exemption in the county court house with respect to the garnishment that you are subject to. The problem is that if you deposit your disability checks in a bank account in your name, you may be losing any and all exempt status that you may have as to them.

The reason is that the disability checks may be exempt from garnishment but the bank account that you deposit the checks in is not exempt. I recommend that you consult with an attorney that practices in the area of consumer law to possibly assist you further regarding the question that you are writing about.


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