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Today's post is short and sweet, but is extremely important information for any debtor whose property or income is at risk of being garnished. There are certain types of property and income that cannot be taken to collect on a consumer debt, as the following monies are generally susceptible to garnishment for child support or tax payments. The protected monies are:
-Supplemental Security Income
-Temporary Assistance for Needy Families (TANF)
-Pensions that are federally approved (private, federal, and civil service) once the money is in the debtor's bank account or cashed
-Labor & Industries disability payments
-The greater amount of either 35 times the federal minimum wage or 75% of the debtor's net wages.
Generally, if wages are being garnished the debtor will be sent a form to indicate if they have any of the foregoing types of income or if any of these monies are in their bank account. However, this does not always happen. All debtors should know which of their income or property is untouchable.
Every legal issue is very unique. Accordingly, the information in this blog is intended as general education material and not as legal advice. If you think you may have a legal issue you should consult an attorney.