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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 13 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption