Legal Question in Credit and Debt Law in Alabama

Disability Garnishment

My father-in-law is on disability and recieved notice that his check has been garnished for an outstanding automobile loan. Can a disability or social security check be garnished to repay debts?


Asked on 7/08/03, 4:05 pm

1 Answer from Attorneys

James McKinnon McKinnon Law Firm

Re: Disability Garnishment

Social Security checks cannot be garnished or attached under any circumstances. If the disability check is from a government source or certain other source, such checks also cannot be garnished. The problem is that many people deposit such checks in bank accounts, which can be garnished, but only after a judgment from a court has been adjudicated. Keep in mind that many collection agencies and even (I hate to say it) collection attorneys send misleading notices that look like official court documents. Many collection efforts disregard the Fair Debt Collect Act and other laws passed by congress to protect consumers. Call my office. I have a full schedule Wed., but tell my assistant Shelia that I requested that you contact me. I will take your call. I have a court hearing between 10:30 and 12. But I will advise you of your rights. This area of law is very important to me and I will not charge for consultation. James S. McKinnon, Alabama State Bar No. ASB-0028-A64M. My telephone number is 251-433-9560. It will be easier to get me on the phone Thursday.

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Answered on 7/09/03, 12:07 am


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