Q: I'm jobless, sinlge mom of two, only source of income is the VA disability. Can the creditor garnish my income?
A:
A loophole currently exists that allows debt collectors to freeze bank accounts in order to seize veterans' benefits. In an effort to stop this behavior, the Obama administration has proposed a new set of rules published by the Treasury Department.
Banks have been at the mercy of unclear rules speaking to when bank accounts can be frozen in the first place. Because of the rules being clouded as they are, there are many instances of bank accounts being unfairly frozen creating undeserved problems for veterans relying on that money for their existence.
Despite current laws, creditors have been using court orders to garnish bank accounts receiving veterans' benefits via direct deposit. Federal laws currently in place protect veterans' benefits from being seized by creditors with few exceptions:
Child support;
Alimony;
Unpaid federal taxes; and
Debts to federal agencies.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.