In Florida - Creditors Cannot Seize Disability Income Payments or Disability Benefits

In these touch economic times, more and more people find they cannot pay their debts.....credit cards, car loans, rent, etc. As creditors start suing people, those on disability can be hit very hard. However, there is some protection. Florida has a law that prohibits creditors from taking disability insurance payments. That's right. It's Florida Statute Section 222.18, and it reads:

"Disability income benefits under any policy or contract of life, health, accident or other insurance of any form, shall not in any case be liable to attachment, garnishment or legal process in the state, in favor of any creditors or creditors of the recipient of such disability income payments unless such policy or contract of insurance was effected for the benefits of such creditor or creditors."

This means that your creditors cannot sue you, get a judgment and then seize your disability insurance payments...UNLESS your disability insurance was taken out to help pay a specific debt to that creditor if you became disabled, such as credit disability insurance on a credit card or car loan. Any other creditor cannot take your disability payments.

So, there is some protection in the law for the disabled after all.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.