Question:

Can salliemae garnish a va check?

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Can salliemae garnish a va check?

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  1. TITLE 38--VETERANS' BENEFITS



                   PART IV--GENERAL ADMINISTRATIVE PROVISIONS



               CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS



    Sec. 5301. Nonassignability and exempt status of benefits

        (a)(1) Payments of benefits due or to become due under any law administered by the Secretary shall not be  assignable except to the  extent specifically authorized by law, and such payments made to, or on  account of, a beneficiary shall be exempt from taxation, shall be exempt

    from the claim of creditors, and shall not be liable to attachment,  levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments.

    The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen's indemnity.

    If Salliemae does hire an attorney to try and garnish va benefits the following law applies:

    (2) For the purposes of this subsection, in any case where a payee of an educational assistance allowance has designated the address of an attorney-in-fact as the payee's address for the purpose of receiving a benefit check and has also executed a power of attorney giving the attorney-in-fact authority to negotiate such benefit check, such action

    shall be deemed to be an assignment and is prohibited.

    Hope this answers your question

    LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.


  2. nope!!!

  3. Nope, I don't think so.

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