Gardberg & Kemmerly, P.C. Attorneys at Law

Are VA Disability Benefits Subject to Garnishment?

VA disability benefits can be subject to garnishment in certain situations. A garnishment is a legal procedure, authorized by a court order, by which a creditor can collect what a debtor owes by reaching the debtor's property when the debtor does not possess the property. Essentially, a garnishment allows a creditor to reach a debtor's property by way of a third party before it reaches the debtor.

There is no statutory prohibition against garnishment of military retired pay when the Veteran is in receipt of compensation. Under Public Law 95-30, a Veteran's disability compensation may be garnished in order to pay alimony or child support pursuant to a court order only if the Veteran receives disability compensation in lieu of an equal amount of military retired pay, in accordance with a total or partial military retired pay waiver. In these cases disability compensation can be withheld to satisfy the debt pursuant to the court order.

For this and any other question you may have concerning VA benefits, call an experienced VA attorney who can guide you through the process. For any question involving VA claims or Social Security claims contact the experienced disability attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly serves veterans across the Gulf Coast, including, Alabama, Florida, Louisiana, and Mississippi.

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