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can va disability pension b garnished by student loan default?
2 Answers
- Anonymous1 decade agoFavorite Answer
No and if it is a private loan they can't unless they have taken you to court. If it is a government loan it would happen to your bank account with a levy on a percentage of your account not to normally exceed 50% of your account without a conviction of a financial crime. If your VA check is sent in the mail it is hard to block or levy cause it is legally not reportable income, and legal issues become rich cause VA checks are authorized by congress which means they would not be able to touch it unless they took you to court. In most states debt worth less then $50,000 is not worth a civil case cause most states have laws that reduce the debt in court like a Chapter 11 would.
If your account gets garnished cash your check at Wal Mart because then they will not know about it or be able to take a portion of it, and it is non reportable income for disability which makes it privileged information. After you cash your check buy 3 prepaid credit cards from 3 different card companies with the cash. In most states there are limitations on time of companies rights to collect a debt which average 3 to 5 years after the agreements expiration, and this means it only means anything on your credit report in most states. A credit report will still show a problem weather paid or not for 5 or 7 or 10 years, and can be cleaned by regular complaints & disputes with the SEC and the credit bureau's. All it takes is for the the person you owe the money is to lose the contract and the rule of disclosure voids the agreement.
If they harass you have a number legal options to include complaints with Attorney General or all the agencies that license the company or take them to court. If a contracted collection agency has the levy or is calling you have the power to fire them just by telling but a certified letter works better. This is a problem most Doctors don't get cause they all use a collection agency, and in most cases if you fire them the Doctor does not know what to do.
Source(s): Former Bureaucrat and Disabled Veteran. - 5 years ago
If you file a joint return, any return can be held to apply to your default. If he files Married Filing Separately, he can't claim you as a dependent. If you owe a small amount at the end of the year, there is no refund to be held. Pay back your loan. I don't want to.