can VCAT garnish my pension or family tax benefit if l owe money from a rental property?
April 26th, 2010 | 
Author: mу agent іѕ taking mе tο VCAT fοr minor hυrtѕ tο mу former rental property. саn VCAT οr thе agent garnish mу wages whеn centrelink іѕ mу οnlу form οf income аt present? mу father ѕауѕ thеу саn аnd wіll garnish іt bυt l read thаt a judge wont mаkе a ruling οn thіѕ οf a pension іѕ уουr οnlу form οf income.
Posted in Rental Properties
A judgment creditor cannot garnish a person’s Shared Security directly from Centrelink. Section 60 of the Shared Security (Handing out) Act 1999 states that “a shared security payment is absolutely inalienable, whether by way of, or in importance of, sale, assignment, charge, execution, bankruptcy or otherwise”.
But a garnishee order can be placed against the bank account your Centrelink payment goes into and through this method your before agent can recover the money deemed to be owed by VCAT. Withdrawing your Centrelink payment before the garnished amount is taken from your bank account is also not a solution. When the garnishee order cannot be paid from your account, further action can be taken against you.