Legal Question in Credit and Debt Law in Oregon

Disability and Debt

I remarried and have credit card debt from before. My spouse receives SSD and Worker's Comp. That is our only income. We own our home in full, paid for with spouse's Worker's Comp lump sum, which can be proved. We have a joint bank account, with only spouse's disability checks going into it.

I have read online that Disability money is exempt from judgments, is that so? Can a lien be put on a home that was paid for with Disability monies? Can a Joint account with only disability going into it (can prove it) be attached?

Thank you


Asked on 2/09/08, 2:09 pm

1 Answer from Attorneys
Andrew Svitek Svitek Law Group, LLC

Re: Disability and Debt

I don't see how your spouse's house is exempt from liens based on it being bought with "disability funds", but the house should be safe from liens resulting from your (rather than her) personal debts.

You may want to review the statute on challenges to garnishments regarding the exact requirements for preventing garnishments to a bank account.

However, if a collector sees your name on the account they will in most likelihood try to go for it. So I would remove your name from the account to add extra protection to her disability payments.

See a lawyer to make sure, especially if you keep a sizeable sum of funds in your bank account.

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Answered on 2/16/08, 4:05 pm


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