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Question: Can a debt collector garnish your wages from an unemployment check?

(Posted by: ICWolf on 2010-03-18 08:11:08)

I was just wondering if your wages from an unemployment check could be garnished.I've heard that they can garnish ONLY child support from it.Is this true?

Posted by: Dan B on 2010-03-18, 09:16:37

Ryan and Infinit... are mostly correct. If you combine exempt funds (unemployment, social security, etc) with non-exempt funds, the entire account is at risk for seizure as the separation between the two types of funds is erased. How can you prove that the money in the account is from exempt funds? If your name is attached as co-owner or custodian of any account, the entire account can be seized without the other owner's knowledge or permission because you are combining your exempt funds from their non-exempt funds.

Posted by: Ryan A on 2010-03-18, 08:32:04

I believe you are correct. A debt collector can't touch your unemployment check. Just make sure that if you're depositing your checks into a bank account that you can document the source of the deposits in case they try to freeze your account. Or, if the account is in someone else's name, i.e. a spouse, even better.

Posted by: ∞infiniti∞ on 2010-03-18, 08:59:39

No, child support, alimony, social security, social security disability income, pensions, welfare payments, and unemployment compensation are exempt from collection for consumer debt. However, as Ryan stated, bank accounts are not exempt. Child support, alimony, delinquent federally insured student loans, back taxes, court fines and fees are not consumer debts.

Posted by: George McCasland on 2010-03-18, 09:58:19

Yes, only child support or back taxes can be garnished from it, but you need to file to have child support modified. To learn a father's rights, join Dads House in Yahoo Groups. It's free to join and you associate with other fathers going through the same thing. Dads-House.org CHILD SUPPORT Child_Support_Modifications.Dads-House.Org/ Child-Support-Outside-Guidelines.Dads-House.Org/ Child-Support-Trust-Fund.Dads-House.Org/ Child-Support-Contempt.Dads-House.Org/ Child-Support-Ends-When.Dads-House.Org/ Child-Support-N-Taxes.Dads-House.Org/ Negotiating_The_Child_Support_System.Dads-House.Org/ Child-Support-Adj-New-Child.Dads-House.Org/ Deadbeat_Dads_Myths_N_Legends.Dads-House.Org/ \\\\\\\\\\\\\\\

Posted by: Doctor Deth on 2010-03-18, 12:27:55

The creditor would probably have to get a new court order to garnish and even then - most states limit garnishments to 25% of after tax income and unemployment benefits are a lot less than your old wage was, so if you are already getting child support withheld from UC (been there), I doubt they will be able to take any more