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Measures To Protect Va Monies


Agatha

Question

Can anyone speak, from a professional stance, how to protect your person, and Treasury money, once in receipt? Are there legal measures a veteran should take? Are there financial protections a veteran can take? :huh:

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I am not sure how accurate this article is, but it has some information you might want to check out.

http://www.bankrate.com/finance/debt/feds-protect-va-wages-from-bank-garnishment.aspx

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There has been discussion here, in years past, where several veterans recommended removing VA funds from the direct deposit account of record immediately upon receipt and transferring those funds to a different account at a different bank. Of course, the government still would have the means to identify any accounts in your name and garnish funds for any debt you owe it. Plus, judging from the previous post, you would only be allowed protection for two months of deposits in the designated account, so if you move the money out, it's not protected. VA funds are not totally immune from garnishment in all cases, regardless of the nature of the debt (for instance, when the veteran is overpaid in error or if one owes child support). What are you trying to accomplish, can you be a little more specific?

Edited by lotzaspotz (see edit history)
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Non Attorney, with 30 yrs in consumer collection experience.

How large $$ and who is trying to get it? In civil actions, collection agencies and attorneys have been known to send out Court Ordered Garnishment Demands to "ALL" Banks and Credit Unions in the immediate geographical area of the Debtor. This tactic is used when they either don't know or think the the Debtor might have additional accounts. Each garnishment issued is supposed to be accompanied by a check for XX$ to cover the cost to the bank for searching their records. Most collection attorneys don't include the check when their doing this Shot Gun approach. Their cost is limited to Postage and Secretarial expense. You could even receive a court order to produce all your banking records at a Discovery Hearing where you would be under oath and subject to perjury charges. If your at this point you need an Attorney. If it's the FED's, completely different story.

If your talking LARGE $$, consider a Brokerage account. I think their currently insured up to 4 or $500K. If your talking about your VA Comp account. I think a non joint checking account at a local Credit Union is your best bet for Direct Deposit. When you set it up, give your significant other an account POA. In addition, list who ever you want to be your beneficiaries. If you anticipate, or a creditor actually has a judgment against you, set up a 2nd account at the same CU or Bank to transfer funds from your VA Comp account to pay your monthly bills. This account should be in your Significant others name with the same set up, you would be the POA and Beneficiary. Anything in your name or SS#, other than your VA DD Account is subject to attachment with certain limitations. That doesn't mean a creditor couldn't issue a garnishment against your VA DD account. The bank or CU would put a hold on your funds for what ever time it took you to prove that all the funds in the account were from VA or SS and not subject to attachment. Could cause a serious problem in terms of time and access to your $$.

You should probably talk directly to a Bankruptcy Attorney if you even think you have to worry about a possible Money Grab. State and Federal collection laws change, get educated.

Semper Fi

Gastone

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