can workers comp be garnished or taken by a civil judgement

Submitted by sonata008 on Thu, 09/17/2009 - 13:51
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Credit repair

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

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.

Fri, 09/18/2009 - 06:09 Permalink
fireyone

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.

Fri, 09/18/2009 - 13:26 Permalink
Kellyn (not verified)

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!!

Sat, 09/26/2009 - 19:29 Permalink
sunnyca

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

Sat, 09/26/2009 - 20:55 Permalink
debranewell2008

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.

Mon, 11/02/2009 - 03:18 Permalink
ohno (not verified)

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.

Thu, 02/18/2010 - 08:29 Permalink
ohno (not verified)

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.

Thu, 02/18/2010 - 08:29 Permalink
becca (not verified)

can your retirement be taken for student loans or back taxes

Thu, 04/15/2010 - 22:02 Permalink
Aaron

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

Fri, 04/16/2010 - 10:03 Permalink
Aaron

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

Mon, 06/14/2010 - 12:03 Permalink
MichelleNeedsHeLp (not verified)

Can student loan garnishee your workmans comp benefits?

Tue, 06/22/2010 - 21:06 Permalink
Aaron

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

Wed, 06/23/2010 - 11:08 Permalink
Ada Jordan (not verified)

I have a worker comp settlement and I owe my landlord back rent she is suing me for eviction and back rent can she attach a lein on my settlement?

Mon, 09/13/2010 - 13:30 Permalink
Aaron

Hi Ada,

There is a clause in Workers Compensation Law that allows a lien to be placed on your Workers Compensation settlement. I think you need to check your state laws on Workers Compensation Settlement.

Thanks,

Aaron

Tue, 09/14/2010 - 09:07 Permalink
lisa smith (not verified)

I was paying back my student loan monthly payments they took my income taxes and all 2009 and the little i worked in 2010,i fell and hurt myself, with the settlement, i couldn't go back to work their bucause of other medical reasons.... the question is can they garnish my little check....i have no other income except that income

Sat, 03/19/2011 - 21:33 Permalink
dissabled for life (not verified)

I settled my workers compensation case out of court. I am dissabled and my doctor is filling out permanent dissability paperwork to discharge my defaulted student loans. I do not have a lien against me or a judement. Will my settlement check not come in the mail because the creditor found out about the settlement and can the creditor take my check settlement to pay this debt that I am having discharged. Thank you for answering.

Thu, 10/27/2011 - 22:26 Permalink
Tara (not verified)

My payday loan payment is late. I called them to let them know I have been seriously hurt at work and am waiting for my Workers comp chek. I was told if I didn't pay today she would process the check and if it did't clear she would be filing the debt in court by next week. Is there a timeframe that has to pass before she can file against me? Can I put a stop oayment on this check so that I don't get further behind? I live in Idaho if that matters.

Thu, 12/29/2011 - 02:14 Permalink
Rosaland (not verified)

If you are still working and about to make a settlement on a workers comp case and you filed chapter 13 can the courts take your settlement or a part of it since your still working?

Mon, 12/03/2012 - 22:18 Permalink
TikiBarb (not verified)

I am getting a small (less than $ 40,000.) Workers comp settlement.I have been out of work 2 1/2 years and am most likely going on Social Security Disability with a monthly payment of about 1,100. a month. I have a measly 15,000 in a 401K AT WORK. i LOOKED AT MY CREDIT REPORT AND IT SAID I HAVE A DEFAULT JUDGEMENT 10 YEARS OLD ($ 4200). Can they come after my money ? I will barely be able to survive now.I am single and rent.I was a victim. The debt is not mine but it is impossible to get through the red tape.The notices were apparently coming to my address but a different APT # and I was not aware until $3100 was seised from back disability payment from my bank account in 2009 for a "debt" from 2003. Any help or advice would be appreciated.I can't afford a lawyer.I told my mother to leave me out of any inheridted money and to give it to my brother rather than pay a debt that is not mine.

Sun, 02/17/2013 - 07:00 Permalink
youlanda55 (not verified)

Can a workers' comp award be taken by a civil judgement for attorney fees on the civil case?

Fri, 04/05/2013 - 07:13 Permalink
lisa (not verified)

i am on workers compensation benefits from injury at work in end of may, and just received a notice for court to appear for outstanding balance unpaid for rent from 2010(they are saying i did not give notice for 60days prior to move, but i had a harassment order filed and had to move suddenly due to possible domestic violence, to protect my children)and since then i had worked 6mos at my employer and become injured, is there a way i can ask for a continuance for the court date until i am able to pay the balance and court fees??i do not want to get released from workers comp only to lose my job because they see i have a garnishment starting.

Sun, 08/18/2013 - 23:53 Permalink
Sherrell G (not verified)

If I take out loan of 15000.00 loan on mobile home and default on loan,and turn property over to bank.and they take property.then 14yrs. Later they contact you by mail and tell you that you owe 15661.00 and they want there money(collection)Agency representing the bank,and they want in full?what's next?

Thu, 09/19/2013 - 22:44 Permalink
crorkz matz (not verified)

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Tue, 08/05/2014 - 22:09 Permalink
crorkz (not verified)

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Wed, 08/06/2014 - 01:58 Permalink
afow1980 (not verified)

I'm getting ready to settle my work comp case in Illinois. Can a debt collector for a student loan take my settlement for what I owe them. They haven't even garnished my wages but have filed tax papers to collect on the judgement. Or do I get to keep it all.

Thu, 02/05/2015 - 18:11 Permalink
Keith O'Bryan (not verified)

I received a workers comp. settlement and deposited in my bank. A creditor is now trying to garnish this money to fulfill a judgement against my wife. The money was deposited in a joint account so in the event of a serious injury to me , my wife would be able to pay medical expenses incurred by me.

Tue, 05/12/2015 - 04:07 Permalink
The Sean (not verified)

I just found out from my Worker's Comp attorney that Worker's Comp Benefits are subject to garnishment for student loan debt! Get your money out of the bank ASAP!

Wed, 06/29/2016 - 20:26 Permalink
PT (not verified)

When I get my settlement from work who can garnish it or can it be taxed

Wed, 08/31/2016 - 15:45 Permalink
A J Stevenson (not verified)

Can workers comp benefits be seized by law firm after settlement 33.3 percent of any permanent partial amount awarded what about lump sum payments for back payment how much should Law Firm receive in contractual agreement call 33.3%

Tue, 10/18/2016 - 12:27 Permalink
Tara (not verified)

Can the IRS garnish back taxes owed to them from my bi weekly workmans compensation check?

Sat, 01/14/2017 - 18:09 Permalink
crossfire (not verified)

Can workers comp settlement payments be garnished/taken over past due credit cards in Arizona once a judgement is filed? I know credit cards are an unsecured loan.

Fri, 01/27/2017 - 08:15 Permalink