Personal Injury Liens
If you are going to be receiving a Personal Injury Settlement and if you owe Back Child Support, the County may try garnishing up to 100% of your share of the settlement.
The injustice of this is that this award is meant to compensate you for your injuries, such as by allowing you to pay for basic necessities, continued medical care, etc.
Many personal injury victims incur substantial debt while waiting for settlements, and if their share of the award is taken, they will be left in catastrophic circumstances.
Although you have legal rights, attorneys who do not work in this area will by definition not have the necessary background and experience to protect your interest against efforts by the County to garnish your award.
Here is what you need to know:
- There are provisions under State and Federal law that can allow you to go to Court and ask that you be exempted from having your entire award taken from you.
- What will generally be required is to file a petition with the Court, and to ask the Court to take your particular circumstances into account.
Since there are Strict Time Deadlines on protecting your rights, it is IMPORTANT that you take action as soon as you suspect that your share of your personal injury settlement may be subject to being taken by County Child Support.