Q: Wage garnishment over “loan” between family w/ no contract, only told pay when/if you can. Help please
Hi, I have a question regarding money given between family. My grandpa gave me around 3k to help with our back rent. There was no contract or anything signed between us. He just said, “pay it back when/if you can”. Now he passed away recently & his daughter is threatening to garnish my husband's paychecks AND my grandma's social security if we don't give her our upcoming tax returns. Can she do that?? We're counting on that money to put towards bills & get our vehicle fixed. We live paycheck to paycheck & even then it's not enough, we don't even have enough for food, we use food pantries and help from friends/family w/ food.
A loan does not entitle a person to garnish your wages. They would have to obtain a judgment against you, and garnish wages based upon the judgment obtained against you.
Even if a judgment is obtained and garnishment is attempted, social security, disability, and retirement benefits are exempt from collections.
2 users found this answer helpful
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.