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Can The City Of Columbus, Ohio Attach My Tdiu

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lcplcookba1

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From what I can find on here I think the answer is NO. However I couldn't find anywhere were a state tax department was the source of the garnishment. also I talked to my bank and said I would have to wait until the garnishment came thru and they would put the funds on hold, meanwhile my car gets repoed...... Really, I think there's another solution. Anybody???

Edited by lcplcookba1
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I think up to 1 or 2 months comp is protected except from the FEDS. Problem is, the bank has to put a hold on the garnishment amount until the Judge rules or Bank Legal Dept goes your way. If the garnishment has hit, your screwed time wise, you $$ will be frozen till cleared.

I recall reading that your comp funds were protected while still in your VA Direct Deposit account, for 1 or 2 months value. You could always set up a NEW Obscure
Direct deposit account in your name only (not a JOINT account), with a NON Bank Lending Institution. In some states, only one garnishment is necessary, it remains in effect until released by the Creditor. Might be a good time to set down with a Local Lawyer well versed in OHIO Debtor Protection Laws.

Semper Fi

Gastone

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Several years ago, there was a Veteran who was using this statue to protect his benefits from attachment by a spouse to be used for child support. The court ruled against him, that a child's interests prevail over the needs of the Veteran. I think the article was on watchdog. I think the court essentially held that a minor does have an interest in VA benefits, over and above "dependent compensation", and that these intersts of the minor need to be protected from "deadbeat dads" who refuse to pay court ordered child support.

Further, in court ordered spousal support, I think the court ruled that the injured spouse, likewise has an interest in Veterans funds paid by VA, and that these interests could be a portion of the dividable monies in a divorce.

The courts takes the interests of the children very ,very seriously and regard deadbeat dad's interests of little value.

I agree, that if you want to protect your benefits, that you need a lawyer.

Edited by broncovet
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Hey Thanks guys! So you gave me the idea to call the bank's legal department and this is what if was told. EXACTLY what you folks said hahaha The bank will hold the funds for 7 days while they research the deposits for 2 months. As long as the funds available don't exceed two VA Checks they won't take any action. She then suggested that I call the creditors and explain that my sole source of income is VA Disability and try to set up an arrangement (I'm not trying to get out of my obligations of course) But I don't think my creditors are going to go that way (credit cards) So worse comes to worse, I should be ok. So thanks Veteran's for your help

Bruce

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There you go. As an aside, still sit down with a Bankruptcy Attorney to get the complete info on your creditor rights. Certain debts like Current Taxes, student loans, court ordered child support and a number of others are non-dischargable in a 13 or 7 Bankruptcy filing. Depending on your Debt situation, better to get all the legal information well before you actually need it, playing catchup is a Xitch.

Good Luck

Semper Fi

Gastone

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Garnishment and asset seizures vary state to state.  Fed Law protects your disability from most everything except the Fed Govt more or less.  It does not stop them from taking assets you bought or are buying with those funds,  but only protects the funds in your account.  It also doesn't protect you from child support enforcement, I am not sure about alimony payments.

Do your research for the state you live in.  If the state or a third party has a garnishment order under your name, and you share an account with a spouse, its also under her name and most states will not allow the attachment of that account.  Same thing with real estate and other property.

Look into the garnishment.  Walk into the courthouse, the Clerk of the Court normally has a place that you can review the case file, and usually get copies of documents inside of the case file that you want.

 

What you need to study up on is asset protection laws in the state you live in, and the state your assets are in, if its not the same state.  If you don't have a lawyer, most of the time you can get free legal advice on this issue as well. You can normally get great info when you use the free advice advertised when you shop for an attorney.  You don't "have" to hire them, but if you can, do so with a bit of education behind you so that you are capable of making a good choice when you do hire the attorney.  Some places can throw pro-bono lawyers at you as well, if your income qualifies.

 

Now, for the time being, if there is a garnishment in the state court for your assets, don't wait for them to act.  Write a letter ( as in now, yesterday it should have been done) informing the Judge in the case where your money is coming from, cite the USC jbasser posted above in that letter, and attach copies of the bank statements from that account showing the deposits from VACP TREAS 310 XXVA BENEF  that verify the source of the income and the amount.  Based on that, the Judge is basically obligated to protect that account from any creditors not authorized to seize the funds in that account under Federal law.  No matter how that account is held, it is protected via US Code.

Take your letter directly to the courthouse.  The Clerk of the court should post this letter into the case file free of charge ( in florida its free, check local rules for your state).  Once that is there, you have given legal notice to the Court that the bank account should not be touched.

Edited by pwrslm
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