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David Weilbacher, Esq.
David Weilbacher, Esq., Attorney
Category: Business Law
Satisfied Customers: 335
Experience:  Criminal & Civil Litigation, Estate Planning, Probate, and Bankruptcy
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This is probably more a tax law question, but i wasnt sure

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This is probably more a tax law question, but i wasnt sure where else to ask. My question is this. The Oregon Department is trying to attach my bank account for taxes I owed from last year and was unable to pay yet. All of the money I currently have in my bank account is from a student loan and I can prove that. Are student loans subjust to garishment like that? Can I get the money back? The money is for school expenses not taxes and I am not allowed to use it for any other purpose. In fact, according to the law, if I were to use student loans for any other purpose other than education related expenses I must then report it as taxable income. So how is it that they can take it from for the the purpose of paying taxes? I dont have the option of using to pay taxes on my own. See my point?
Submitted: 5 years ago.
Category: Business Law
Expert:  David Weilbacher, Esq. replied 5 years ago.

My name is XXXXX XXXXX I would like to help you.

Certain types of assets are normally exempt from garnishment in Oregon. Social Security benefits, unemployment and workers' compensation benefits, veterans benefits and pensions are exempt from garnishment in most situations. However Oregon law holds that child support and spousal support obligations are exceptions to this rule. In child support or spousal support case only 75 percent of these benefits are exempt from garnishment.

The following is a link to a document published by the Lane County Legal Aid Society that outlines the available exemptions under Oregon law:

Unfortunately, it does not appear that your student loan funds fall in any of the categories listed in the statute.

I hope I have answered your question.

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