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    monkeys8119's Avatar
    monkeys8119 Posts: 1, Reputation: 1
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    #1

    May 3, 2012, 03:13 PM
    Is GI bill chapter 33 BAH subject to garnishment?
    Is Chapter 33 post 9/11 GI bill BAH subject to garnishment by a federal student loan in default status?
    Idontsignup's Avatar
    Idontsignup Posts: 1, Reputation: 1
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    #2

    Jan 11, 2016, 07:32 PM
    VA benefits (including the G.I. Bill) are NOT garnishable, even by judgment creditors (creditors with successful court judgments against you) and are automatically protected by you bank under the following federal law passed in 2013: "31 CFR 212" (http://cfr.regstoday.com/31cfr212.aspx). Judgment creditors are not even allowed to freeze your bank account funds (up to the amount deposited by the federal government); the bank MUST keep those funds flowing, as normal, per the same law. Bear in mind, any amount in excess of your federally deposited benefit IS garnishable, and can be still be frozen by court garnishment order (pending your right to object to execution of the order on the basis of an exemption).
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 11, 2016, 08:23 PM
    The post 911 GI Bill allowed GI benefits not to be subject for garnishment (with the exception of person child support if they got a court order to allow garnishment of Federal funds.

    The banks are to look at the coding of the funds and review a two month period of any bank account funds are paid into, as to what funds may or may not be from Federal sources.

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