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can unemployment be garnished?

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    can unemployment be garnished?

    My husband got fired this week. This is doubly bad, as we were enrolled in their legal plan and planned to use it by winter to file bankruptcy. (We have to finish paying off a judgment first to have any hope of saving the money.) Anyway, he filed for unemployment. I read in the book we got that "child support and bankruptcy withholding can get withheld.

    Does this mean if a creditor has a judgement against him that he can get withheld and garnished? Or do they mean if it's an order to repay from actually filing bankruptcy?

    Thank you!

    #2
    If you are unemployed, why pay on the judgment, unless its past child support or criminal restitution.

    Is unemployment garnishable? This probably depends upon your state. However, the only way a creditor might know someone is drawing unemployment is if you/him/whoever, volunteer the infomation.

    While you might be saving up money to file, you might also get another free initial consultant.

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      #3
      Are you doing direct deposit of the Unemployment into your checking account?
      5/29 Filed 7~ 341-on 6/24
      8/27-DISCHARGED
      11/2 - CLOSED
      EQ-604 EX-605 TU-560 ~4.5 months after discharge

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        #4
        I know if you had a Chapter 13 payment they could take the money for it out of your check.

        I guess whether they could garnish unemployment for other reasons depends on your state laws, I'd consult with a lawyer.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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          #5
          from my experience i dont think they can garnish unemployment or disability checks, but it may depend on the state/ type of debt.
          retained lawyer june 08, filed may 09....341 on 6/26/09- went smooth! Glad to be part of the 60 day club .... AND- 6/27/09- got engaged
          10/30/10- WEDDING!!
          09/04/09-discharged!!!

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            #6
            Is your husband eligible for employment compensation as he was fired?
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006

            "A credit card is a snake in your pocket"

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              #7
              Originally posted by Flamingo View Post
              Is your husband eligible for employment compensation as he was fired?
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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                #8
                I started drawing unemployment in October 2007. As I recall, I got a 1099 or some such form that had to be listed and factored into our 2007 return. Nothing is withheld from unemployment compensation for income tax.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

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                  #9
                  Originally posted by Flamingo View Post
                  Is your husband eligible for employment compensation as he was fired?
                  we're waiting to find out, so far he's just applied. So if he gets it, the answer is yes

                  Originally posted by momof5 View Post
                  Are you doing direct deposit of the Unemployment into your checking account?

                  no, we've opted to have it put on a debit card should we be approved.

                  Comment


                    #10
                    Originally posted by treehugger1 View Post
                    If you are unemployed, why pay on the judgment, unless its past child support or criminal restitution.

                    Is unemployment garnishable? This probably depends upon your state. However, the only way a creditor might know someone is drawing unemployment is if you/him/whoever, volunteer the infomation.

                    While you might be saving up money to file, you might also get another free initial consultant.
                    It wouldn't be a willingly paid in this case. It would be garnished, as they refused any offer we made. We paid off the judgement that was willing to work with us.

                    And it's medical debt. It's pretty much all medical debt.

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