garnishment

[curious28]

My wages are currently being garnished but I am having surgery next month. Can they still garnish my wages from my short term disabity payments

 

[cbg]

Maybe. It depends on how your disability payments are disbursed AND the exact wording of the garnishment.

 

[army judge]

My wages are currently being garnished but I am having surgery next month. Can they still garnish my wages from my short term disability payments

First of all, let's discuss HOW much can be levied.
Federal law places limits on wage garnishment amounts and Ohio law protects the same amount. In Ohio, the most that can be garnished from your wages is either:

25% of your disposable earnings, or
your disposable earnings less 30 times the current federal minimum wage ($7.25 as of January 2012).

Example. You are paid weekly and earn $1,000 a week after taxes are deducted. 25% of your disposable income is equal to $250. Your disposable earnings less 30 times the federal minimum wage is $782.50. Your employer must send your creditor the lesser amount, meaning your employer can garnish only $250 of your weekly pay.

Your disposable earnings are the wages left over after taxes and mandatory deductions, such as child support, are taken out. Deductions such as health and life insurance are not consider mandatory deductions and therefore the garnishment is taken from your wages before these types of deductions are taken.

http://www.nolo.com/legal-encyclopedia/ohio-wage-garnishment-law.html

http://www.com.ohio.gov/dico/

In some cases a person in your position can file with the court in an attempt to protect their disability income from attachment.

That doesn't work in all states, but a bankruptcy filing will suspend all attachments.

Trusteeship might be the way to go in Ohio, OP.

A chat with a local attorney might bring you relief.

Or, a chat with a bankruptcy lawyer might also be in order.

The BK lawyer can lay out the good, the bad, the ugly of BK.

Many people in your position see BK as a lifeline.

Something to consider because you never know how long a surgery will take for you to fully recover.

Ohio law allows trusteeships to avoid wage attachments.

Investigate it, although it might be too late.

As far as short term disability, when your wages stop, the person attaching your wages will have to discover the new wage source.

Then they can try to go after that fund source.

You can file a trusteeship in OHIO:

http://www.carrollcountyohio.us/images/Trusteeship_Pamphlet_2.pdf