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- Judgment-creditors cannot, generally speaking, garnish VA benefits or military pensions.
- Administrative garnishment for child or spousal support may be allowed.
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Can my military pension or VA benefits be garnished?
I have a car that has been repossessed. They say that i owe the remaining balance of $8,000. I lost my job. They say they can garnish my wages and I am retired from the military. They say they can take my military check. Is this true?
Generally speaking, VA benefits and military pensions are not subject to execution, levy, attachment, garnishment, or other legal process. However, there are exceptions for child support and support of divorced spouses.
Active military and other federal employees are subject to garnishment for what the federal government calls "commercial debt." However, I can find no laws that allow garnishment of military pensions or VA benefits, aside from the IRS’ authority to do so.
Direct-deposit your pension benefits into a separate account that contains funds from no other sources. Ask your bank or credit union to place a notation on that account stating the funds in that account are pension benefits not subject to attachment.
See the Bills.com resource Military Debt Consolidation to learn how to resolve debt if you are an active service member.
I hope this information helps you Find. Learn & Save.
Best,
Bill
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Did you know?
Mortgages, credit cards, student loans, personal loans, and auto loans are common types of debts. According to the NY Federal Reserve total household debt as of Q1 2024 was $17.69 trillion. Housing debt totaled $12.82 trillion and non-housing debt was $4.88 trillion.
A significant percentage of people in the US are struggling with monthly payments and about 26% of households in the United States have debt in collections. According to data gathered by Urban.org from a sample of credit reports, the median debt in collections is $1,739. Credit card debt is prevalent and 3% have delinquent or derogatory card debt. The median debt in collections is $422.
The amount of debt and debt in collections vary by state. For example, in Arkansas, 35% have any kind of debt in collections and the median debt in collections is $1553. Medical debt is common and 18% have that in collections. The median medical debt in collections is $561.
To maintain an excellent credit score it is vital to make timely payments. However, there are many circumstances that lead to late payments or debt in collections. The good news is that there are a lot of ways to deal with debt including debt consolidation and debt relief solutions.