can a debt collector garnish my workers comp check/settlement I was
injured in TN However I have moved to AL?
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on Tuesday, October 26th, 2010 at 2:17 pm and is filed under Worker Q & A.
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Yes, if he has the proper court order. Your state is irrelevant.
Public benefits are almost always exempt from garnishment for private debts…regardless of the state you live in. Public benefits can only be garnished for things like IRS tax liens or defaulted student loan or child support payments.
Your WC settlement can only be levied by the government for a government debt that you owe. If you received State disability payments, or defaulted on a student loan, or you owe the IRS back taxes, those can recover from your WC settlement. But a debt collector who represents a private business credit account that you owe cannot attach your WC. Even if you moved to another state, those governments debts can be recovered from you one way or another. If you owe private debts, collection agencies can find you anywhere.
Workmans comp is exempt from garnishment. Just be sure that you notify the creditor that money in your bank account is exempt, and make sure there is no other money being placed into your account other then Workmans comp income. Otherwise your account will be considered “co-mingled” and they can take money from it.
Wow, what a load of misinformation.
WC benefits are NOT to be levied but for back child support.
Weekly benefits, and/or a cash settlement will face the lien.
NOT even the STATE or FEDERAL tax authority can lien a WC claim.
BUT>.. and Studly get this ….the bank does NOT accept anyones statement the funds are “exempt”…there is NO SUCH THING.\
Once that check is deposited in a checking/savings account the money becomes free rein to anyone with the ability to attach.
Public benefits are almost always exempt from garnishment for private debts…regardless of the state you live in. But a debt collector who represents a private business credit account that you owe cannot attach your WC. Even if you moved to another state,
Yes…I did cut/paste from other responders…the ONLY part of the post with valid info.