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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Kirk My bank starts foreclosure process on my property tomorrow

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Kirk
My bank starts foreclosure process on my property tomorrow in Michigan. I know that since I live in FLorida, they will likely not be able to garnish my wages. However, I do have a military VSI payment that I receive in lump sum annually September 30. Will the bank be able to garnish that payment directly from the Department of Defense BEFORE it gets deposited into my Florida account where it is protected?....thanks

Kirk Adams :

Hi - thanks for looking me up again!

Customer:

Hi

Kirk Adams :

It is possible for VSI payments to be garnished perDepartment of Defense Financial management Regulation Vol 7C § 010303.

Kirk Adams :

Let me see if I can get you some additional information.

Kirk Adams :

Here's a link you can read about garnishments: http://www.va.gov/finance/docs/VA-FinancialPolicyVolumeXIIChapter01F.pdf. It appears that the only real garnishments allowed would be if you owed the US Treasury/IRS money.

Customer:

ok, I will review it. Thanks for the link

Kirk Adams :

I'm still looking for some additional information as well. Bear with me.....

Customer:

k

Kirk Adams :

Here's a link to the federal statute, 31 USC § 3720D - Garnishment: http://www.law.cornell.edu/uscode/text/31/3720D

Kirk Adams :

It says that the debt would be due to the US, so a private creditor should not have access to this money.

Customer:

Thanks. Have a nice day

Kirk Adams :

Thus, I don'

Customer:

sorry, thought you were done

Kirk Adams :

Thus, I don't think that they'd have the ability to seize or garnish these funds.

Kirk Adams :

No problem - - just making a fleeting comment! :)

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