Will My Temporary Disability Wages Be Garnished?

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I am about to have hip surgery. I still owe an outstanding balance on an old state tax and I have a debt with a county facility. Once I am on temporary disability, will my checks be garnished? I am the “bread winner” at home and my fiance only works part-time. I am almost the sole income provider. How bad could this affect me?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Most states have laws that permit their franchise tax board to garnish individual’s wages for outstanding income tax debts. If you owe taxes, your state tax agency may be able to garnish your wages (including disability) without getting a court judgment. You should go to your state’s tax board website and see if they have any special regulations regarding garnishing disability wages.

In regard to the county facility debt, it may be sent to collections if you fail to pay it. If this occurs, the collection agency may be prohibited from garnishing your wages while on disability. Again, you will have to check with your state law to find out if your disability wages will be protected from garnishment by a collection agency.



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Author: House Attorney