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Old 10-25-2008, 06:55 AM   #1 (permalink)
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Join Date: Oct 2008
Location: NC
Posts: 1
Garnishment Laws in North Carolina

Can my Social Security Disability and Long-Term Disability Care be garnished in North Carolina? I have been receiving long-term disability from my last employer's carrier, since 09/2004. I was finally awarded Social Security Disability, starting 07/2008.
Now, my long-term disability carrier sends me a monthly check, minus the amount Social Security Disability pays.
I owe the IRS and state taxes(NC) for year(s), 2004 and 2006. I made arraingement with both the IRS and the state of North Carolina to pay a fixed monthly amount.
I have considerable credit card debt, which I will not be able to repay, even if the credit card companies worked out a payment plan.
MY QUESTION: CAN THEY GARNISH MY CHECKING ACCOUNT, THAT IS TOTALLY MADE UP OF DEPOSITS FROM: Social Security Disability and Long-Term Disability Care Provider?
Also, I have a constant credit account, associated with my checking account, that the bank uses to cover Non Sufficiient Funds. The amount of the constant credit account is $2500.00. Can this account be garnished by credit card companies and/or their collection agencies.
I do not have a savings account.
Thank you for any information you can provide.
Thomas Smith
ilovewags@earthlink.net is offline  
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Old 10-25-2008, 08:56 AM   #2 (permalink)
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Join Date: Aug 2008
Posts: 662
In some states they can go after your banked funds. To prevent this, I recommend that you keep the minimum in your bank account... and that you change your bank where your funds are received immediately. They cannot go after retirement funds... but in some states they MIGHT be able to go after disability insurance funds. It sounds like you should file for bankruptcy to put an end to this question. Find yourself a lawyer to handle the bankruptcy but please do ask about YOUR state and whether your disability funds are at risk.
boykinmama is offline  
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