Q: Can money be garnished from my trust fund inheritance check when I cash it? If I owe student loan money?

A: To do a garnishment a creditor first has to have a judgment from the court. Then they have to serve garnishment papers on someone who has your property or money. So if you go somewhere to cash a check it is unlikely that your creditor would be aware of you doing this in time to serve garnishment papers on the person who is cashing your check.

The fact that you owe student loans means you have a debt and the debt has special characteristics being that it is a student loan. Whoever is servicing your student loan debt can certainly attempt to use any legal means to collect the debt but they are probably not going to be aware that you are getting a trust fund inheritance so they probably won't know to go after it unless they have been made aware of this inheritance some how. If you have some reason to believe that the entity servicing your student loan debt knows about your upcoming trust fund inheritance, you might want to speak to an attorney ahead of time.

As a practical matter it would be a good idea to pay off your student loan if you can so using your trust fund inheritance to pay off that debt would be a good idea. This is because your student loan debt generally speaking can't be avoided even if you file for bankruptcy. Other debts can be discharged in bankruptcy. So dealing with this debt as a priority is generally recommended. But buying something you really need like a car to get to work can also be an important priority. I would definitely advise you to consult with an Attorney and discuss what your options are.