Garnishing Disability for Back Rent

My boyfriend of 3 years is filing for disability. If he gets it, can I collect on rent that he did not pay for three years?

By VM

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May 31, 20110 found this helpful

No. Disability can not be garnished. You may be able to sue him if you have a contract with you or was part of the rent agreement for your place. You may have to consult a lawyer. You may be able to find a representative that will help you out pro bono if there is a law school in your area. You may also find more details on your right to be compensated on-line. It really depends on the arrangement you had with him. If it was a verbal agreement I would say your up a creek if he wants to be a jerk. Sorry.

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Anonymous Flag
June 1, 20110 found this helpful

Suntydt is correct about not being able to garnish disability but you could try taking him to small claims court and hope to win the judgment so at least the judgement against him will be on his legal records. Winning the judgement won't insure you will ever collect the money though. Not trying to be mean but my question, whether you are both still living together or not, is what is the point if you allowed him to live with you rent free for three years?

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June 5, 20110 found this helpful

SSI cannot be garnished, but Social Security Disability can be garnished, but only for back child support, taxes, government-type claims. It can't be garnished for normal debts.

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Anonymous Flag
June 6, 20110 found this helpful

Noella, just wanted to let you know that SSI can also be garnished for the same reasons you mention that SSD can. They are both Social Security disability programs. The difference being is that SSD is a basic insurance program and SSI is supplemented. Social Security chooses which program for you based on financial needs/disability.

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