Understandably so, especially in this economy, it may be difficult for you to stay up-to-date on paying off your debts. On top of this, you may have incurred a physical, mental, or emotional disability that hinders you from maintaining gainful employment activity in the first place, and subsequently earning substantial funds to pay them off. In this case, you may be solely reliant on your Social Security Disability Insurance (SSDI) benefits and other government benefits. So, the last thing you may want is for them to be garnished or otherwise ripped from your possession by creditors pursuing legal actions against you. Continue reading to learn whether your SSDI benefits can be taken away in a lawsuit and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can work to safeguard them.
Is it possible for my SSDI benefits to be taken away in a lawsuit?
You may want nothing more than to be a financially responsible, upstanding individual and meet your monthly payments for your outstanding debts. Sadly, this simply may not be a viable option at the moment given your disability status and limited means of earning funds. With this, your creditors may seek new ways to collect what is owed to them; and this may entail filing a lawsuit against you and garnishing your limited earnings.
However, you may rest a little easier knowing that the SSDI benefits you receive from the Social Security Administration (SSA) usually cannot be taken away in a lawsuit. This is unless the federal government is pursuing this legal action against you, due to the fact that you owe them money in taxes, student loans, or any other loan they have backed. Or, this is unless your former spouse is the plaintiff of this lawsuit, due to the fact that you owe them money in child support payments or spousal support payments.
What types of funds may be exempt from garnishment in a lawsuit?
Even if the New Jersey court orders your SSDI benefits to be garnished in the wake of your lawsuit, it may be unable to order the same for your other government benefits. For example, your Social Security Insurance (SSI) benefits, veteran’s benefits, and military benefits may be exempt from this fate.
But say that your SSDI benefits are your sole source of income. Well, you must clearly express this to the court and make your case for retaining these funds. This means that you may have to submit bank deposit records, along with other relevant forms of financial records.
In conclusion, you cannot enter your lawsuit proceedings without being legally represented by a skilled New Jersey SSDI benefits lawyer. Contact our office, The Law Offices of Sheryl Gandel Mazur, today.
