I was awarded a small claims judgement against someone. I want to get a writ of execution to garnish their bank account but I know that they are unemployed and only receive monies from their GI bill. Can this money be garnished and used to pay off the debt to the creditor? what about if other deposits are mixed in with the GI Bill (the person cashed a money order from me about 6 months ago, can that be taken into consideration?), and what if the person has accumulated more than 2 months of their GI bill, is it then garnishable? also does the bank automatically give the funds that are requested if the debtor doesn't contest it, or will the bank know that certain monies can't be garnished and refuse to do so?
Answered on: 10/09/12, 10:41 am by Rochelle Guznack
Veterans' benefits cannot be garnished and the bank will not hold those funds if a writ of garnishment is served on it. Other factors you mention will not affect the fact that the benefits cannot be garnished from this person's bank account.
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