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can workers comp be garnished or taken by a civil judgement

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sonata008



Joined: 17 Sep 2009
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Posts: 1



105 Magic Points

Subject: can workers comp be garnished or taken by a civil judgement
 
Posted on Thu Sep 17, 2009 1:51 pm  

i have a judgement against me from years ago when i was involved in a fight, they were garnishing my wages for 3+ years before i was injured at work. since then they haven't garnished my worker's comp but i want to make sure this is a law that they can or can not touch it because i'm getting ready to settle my case and i need to know if a civil judgement in anyway can garnish or take my worker's comp settlement??? thanks and all info is appreciated
Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

Subject: workers compensation cannot be garnished by creditor
 
Posted on Fri Sep 18, 2009 6:09 am  

Hi,

As I reckon from your post, your creditor had been garnishing some amount of your wages when you were working. Now that your only source of income is from the worker's compensation, the creditor cannot garnish it. It has been laid down by Federal Law that, until and unless it is a matter of child support or spousal support, worker's compensation cannot be garnished by any creditor. So, now you can rest assured and settle your case in the court.
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Justin
fireyone



Joined: 26 Feb 2008
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Posts: 4246



96 Magic Points

 
Posted on Fri Sep 18, 2009 1:26 pm  

Justin is correct. They can not garnish workers comp or any settlement you receive from them. They can and will continue collecting the judgement once you restart in the work force. They will do so until it is paid in full. It may be best, if you can afford to, to pay them off once you get your settlement that way you can start fresh. When you start a new job I have seen applications ask if you are having your paycheck garnished for any reason. Sometimes this will keep you from getting the job. Do whatever is best for yourself.
Kellyn
Guest






Subject: Garnishment
 
Posted on Sat Sep 26, 2009 7:29 pm  

I see that workers' comp wages can't be garnished but can they take money out of your bank account when the money you havein there is from workers' comp? Trying to find this out asap.
Thanks!!
sunnyca



Joined: 10 Sep 2009
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Posts: 148



955 Magic Points

 
Posted on Sat Sep 26, 2009 8:55 pm  

Yes they can probably

You will need tonotigy your bank that the deposits you are gettign are all worker's compa and they can stop any requets

There isno way the bank woudlknow until you tell them that this is your worker's comp
debranewell2008



Joined: 10 Oct 2009
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Posts: 591



108 Magic Points

 
Posted on Mon Nov 02, 2009 3:18 am  

I am with fireyone if they is any way you could settle with them and get them paid off it will probably be a good idea. Because it could possibly keep you from getting a job. That is if you are able to work after your injury. I know I had an injury a couple years ago and they are saying I may not be able to go back to work. But if you are with the economy being as bad as it is it's going to be hard enough getting a job with no judgments against you much less having one.
ohno
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Subject: workers comp/garisment
 
Posted on Thu Feb 18, 2010 8:29 am  

Does any one know the exact WAC or RCW that shows they can not garish workers comp.

What happens if the workers comp becomes a pension from said same injury.

I know SS have a US code to stop garishment

thank you Please forward if you know the answer.
ohno
Guest






Subject: workers comp/garisment
 
Posted on Thu Feb 18, 2010 8:29 am  

Does any one know the exact WAC or RCW that shows they can not garish workers comp.

What happens if the workers comp becomes a pension from said same injury.

I know SS have a US code to stop garishment

thank you Please forward if you know the answer.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Thu Feb 18, 2010 12:52 pm  

Hi Ohno,

Your query has been answered to at

http://www.creditmagic.org/judgment/garnish-disabilityincome.html .

Feel free to make further queries.
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becca
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Subject: retirement
 
Posted on Thu Apr 15, 2010 10:02 pm  

can your retirement be taken for student loans or back taxes
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: retirement
 
Posted on Fri Apr 16, 2010 10:03 am  

Hi,

Your retirement benefit can be taken for student loan and back taxes, as you owe to the government. However, for the student loan, you can try to join a student loan forgiveness program.

Thanks,

Aaron
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jadebrandi2002
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Subject: Does the benefits automatically get garnished for child supp
 
Posted on Fri Jun 11, 2010 3:28 am  

If my husband is currently being garnished for childsupport on his check will his benefits automatically be garnished to?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: garnishment
 
Posted on Mon Jun 14, 2010 12:03 pm  

Hi jadebrandi,

If the garnishment does not satisfy your child support amount set by the court, then his benefits may get garnished too. You can discuss about this with your lawyer.

Thanks,

Aaron
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MichelleNeedsHeLp
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Subject: Garnishment
 
Posted on Tue Jun 22, 2010 9:06 pm  

Can student loan garnishee your workmans comp benefits?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: garnishment
 
Posted on Wed Jun 23, 2010 11:08 am  

Hi MichelleNeedsHeLp,

Most of the states consider Workman's Compensation Income or Workman's Compensation Benefit as disability. Thus, I think it cannot be garnished. You can still check the garnishment laws in your state.

Thanks,

Aaron
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