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Q586: I have recently been informed that a private person cannot garnish the benefits received by a Veteran - even if the Court grants a judgement for the monies to be returned. I find it bizarre that the Government can garnish the veteran benefits - but real people (who do not have the immense monetary reserve that the Government has) are restricted from legally collecting a debt.
This policy is in essence - is giving people a 'legal right to steal' from unsuspecting people like me. I was trying to help a friend (a fellow veteran) and had a signed contract for the repayment agreement - and the Judge told me that it was worthless - because veteran benefits are protected. This is giving some devious veterans a perfect tool to prey upon their fellow Americans - is this the 'new American Way'?
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A1: Don't punish the many for the actions of a few. Sorry your "friend" was dishonorable and didn't honor his commitment.
However, many of us Disabled Vets have ONLY our disability to rely on as a sole source of income and many of us fall on difficult times and get behind. If these benefits weren't "protected", as a "special benefit" as a result of damage we suffered in our service and entities and people could garnish it, the result would be a hell of a lot more homeless vets. Some things warrant such "protections". Again, it is sad that your friend did you this way and you seem to have a good heart by helping him. Best wishes to you. (JB) 11/30/20
A2: As a registered Montana Process Server/Levying Officer, I can tell you that ALL government payments are protected against lawsuits. This includes Veteran's Benefits, Social Security, Railroad Retirement, etc. While it may seem unfair, this payment may be the ONLY income a Veteran has to live. Sorry you are going thru something like this, but there may be other remedies such as placing a lien against personal property ("toys" like boats, snowmobiles, quad runners, etc) or a lien against a home. Granted, you cannot collect on a home lien until the home is sold, but the lien remains in effect forever or until paid off. (LC) 12/1/20