Peterson: Use Caution if Garnishing Stimulus Payments

(Courtesy Nebraska Attorney General's Office)
Creditors, debt collectors and financial institutions should proceed with caution if they decide to garnish federal stimulus checks.
An announcement by Nebraska Attorney General Doug Peterson states that Nebraska law may exempt checks issued under the CARES Act from attachment, garnishment or execution for certain low-income consumers.
The Coronavirus Aid, Relief, and Economic Security Act provides emergency assistance for individuals, families and businesses affected by COVID-19. Eligible individuals and families receive cash assistance including a one-time cash payment of up to $1,200 for each person, plus $500 for each dependent child.
Nebraska law exempts certain income and property from execution and attachment by creditors and debt collectors, Peterson’s office said in a news release. The exemptions ensure people have enough income and property to provide for basic necessities like housing, food and utilities.
Attempting or threatening to garnish or attach funds provided by the CARES Act, if that property would otherwise been exempted by Nebraska law, will be considered an unfair trade practice in violation of Nebraska’s Consumer Protection Act, Neb. Rev. Stat. § 59-1602, according to the office.
The CARES Act explicitly allows stimulus checks to be garnished in cases where people are behind on child support. Some banks have also applied stimulus checks against negative balances, but that practice has been called into question nationally.
Any Nebraska consumers who experience aggressive debt collection during the COVID-19 crisis should file a complaint with the state Attorney General’s Office at protectthegoodlife.nebraska.gov. The website also accepts complaints of scams. An email could also be sent to ago.consumer@nebraska.gov.
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