Can creditors garnish long term disability payments from a private insurance company?

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Can creditors garnish long term disability payments from a private insurance company?

I understand creditors can’t garnish social security disability payments.

Asked on August 19, 2010 under Bankruptcy Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not private disability payments are exempt from judgement creditors varies from state to state.  In most states the answer is "yes, they are exempt." Sometimes it depends on who the creditor is and the reason for the judgement.  For example, if you owe back child support or back taxes, those creditors may be able to collect. The IRS is a "super creditor" so to speak.  As a matter of fact current child support payments may be able to be taken as well. The best way for you to find out is to call your state Attorney General's Office and to ask.  Every one has a consumer protection division these days.  Good luck.


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