Can your Social Security payments be garnished?

Answer 1

YES, the IRS CAN garnish your Social Security Retirement benefit! This is a relatively new program, though it was apparently authorized under legislation from several years ago. If your monthly benefit is more than $750, they may garnish 15% of your monthly benefit for taxes that are at least six months in arrears. (This doesn't apply to certain Social Security Disability benefits and perhaps other types of Soc. Sec. benefits, but it does apply to S.S. Retirement. I know, because I just got a letter from the IRS notifying me that they'll be taking $207 from my monthly payment.)

The IRS is required to notify you before it begins to garnish your Soc. Sec., but in my case the notice arrived just two days in advance. You can appeal the garnishment for reasons of "hardship," but you should do it immediately upon receiving the notice, or they'll garnish your next payment.

Actually, it is the Treasury Dept. that has the authority to withhold any money owed to the federal government out of any U.S. Treasury payments to its citizens or suppliers. Treasury writes ALL checks for the government, so they were given the authority....don't forget the oldest rule: You cannot escape death and taxes, so please pay your taxes, and hope for a long life.

While notice of an SS payment holdback needs to be given, (unlike most of the other offsets the government may make on payments it sends), an argument that you weren't given enough time would likely fall on deaf ears...you were more than likely well advised and given protest/dispute opportunities about the DEBT that is being paid - and failed to adequately respond or say why you didn't owe it and the Government was wrong in demanding payment...perhaps thinking there wasn't much they could do? Garnishment of SS is well on in the collection process.

Answer 2

No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

Additional Information

I only work as a paralegal at a judgment recovery firm which handles wage garnishments and bank account garnishments to collect money from judgments which have already been settled, I am not an attorney and I recommend you speak to one for legal advice.

With that said, the basic answer is no they cannot. When pursuing for instance a bank account garnishment the law firm is required to send you a form notifying you of the garnishment action and included in this paperwork are some discovery forms where you will be asked a series of questions which they use to try and find other ways to collect such as other accounts you may have, etc. Included in this discovery is a form called "Claim of Exemption" where you have the option of saying that you are exempt from all or part of the garnishment because of reasons that you check off or write in. One of the options is social security benefits, which are specifically listed as exemptable income. Among various other things once you file this you say that they cannot take this money. Your money will remain frozen which is what happens when they move to garnish your account. The simple act of filing this though will prevent them from moving for a final judgment of garnishment which moves to actually have bank take the frozen money and send it to the firm.

Now in my experience there are plenty bogus exemption claims, but when the exemption was for social security payments and the claim was valid, the case is usually dropped. occasionally usually on demand by the client the firm may move ahead with a hearing for an objection to your claim of exemption but if the claim is valid then even when defendants appear pro se (without an attorney) the exemption claim has ALWAYS been sustained by the judge and the objection overturned and soon after your money will no longer be frozen.

Once again I advise you to speak to a licensed attorney for legal advice, this is just what I observe at our particular office as ONLY a paralegal. Good luck.

Answer 3

No, ordinary creditors can't garnish Social Security benefits. However, the IRS can. This is a relatively recent program. If your Social Security benefit is more than $750/month, and you have an IRS obligation that's more than 6 months in arrears, the IRS can garnish 15% of your monthly benefit. As I understand it, this may not apply to Soc. Sec. Disability or perhaps to other types of Soc. sec. benefits, but it definitely applies to S.S. Retirement benefits. (I know, because I was just notifed that they'll be taking $207 from my monthly benefit!) They must notify you in advance, but the notice may arrive just a couple days before they garnish your next payment (mine did). You then have the right to appeal it, based on "hardship," but you should contact the IRS right away or they'll garnish your next payment. NOT SS disability payments. No. All Social Security benefits are totally exempted from creditor action, except by the IRS under the recent program mentioned above.

Answer 4

No, all SS benefits are exempt from creditor garnishment. They are not exempt from garnishment by the IRS for tax arrearages and in some instances state tax arrearages.

Generally no. HOWEVER - they can be garnished for payment of debts owed to the federal government (taxes, federal loans, etc) AND for the nonpayment of child support or alimony.

Social Security benefits of any type cannot be garnished for creditor debt, they are protected against such action by federal law.

Solution to protect your Social Security from creditors:1- electronic deposit to checking account. 2-withdraw what you don't need to cover in bills. place into interest bearing savings account NOT RELATED YOUR CHECKING ACCOUNT, (different bank) or put it in your mattress.

Commercial creditors cannot garnish your Social Security retirement check. However, the Federal government may garnish your benefits to recover student loans, back taxes, or any other monies owed to the Federal government. Additionally, your Social Security retirement check may be garnished for current or back child support. (Social Security and Disability Resource Center)

For the source and more detailed information concerning your request, click on the related links section indicated at the bottom of this answer box.

According to the U. S. Treasury-Financial Management Service, these payments are exempt by Federal Law. The PDF entitled Treasury Offset Program -- Payments Exempt from Offset by Disbursing Officials (Nontax Debt Collection) found in the Related Link below

SS benefits of any kind can always be garnished for court order child support. In some cases such benefits can be garnished for court ordered spousal maintenance (alimony) and federal tax arrearages.

Another opinion:

Not true- federal income tax arrearages can be garnished, but child support is not always able to be garnished. Depends on the circumstances and each case is different.

A Family Court in Burlington, Vt. garnished ALL of my SS disability check for alimony. I am disabled and thus have no earnings. What is wrong with the court system? Those in power have all the power!
Social Security benefits of any type cannot be garnished for creditor debt, they are protected against such action by federal law.

SS benefits can be garnished for federal tax arrearages and child support obligations.

Solution to protect your Social Security from creditors:1- electronic deposit to checking account. 2-withdraw what you don't need to cover in bills. place into interest bearing savings account NOT RELATED YOUR CHECKING ACCOUNT, (different bank) or put it in your mattress.

Answer 5

Yes, but only the federal government can garnish your Social Security check, and only for limited purposes, such as payment of child support, alimony, delinquent taxes, and debt to other federal agencies.

Federal law prohibits creditors from garnishing social benefit checks, such as Social Security, unemployment, workers' compensation, SSI, VA benefits, and so on. The problem is that unethical creditors sometimes freeze and levy a bank account after the benefit is deposited and beyond Social Security's protection. Not only will the creditors suck money from your account, but the bank may charge penalties and fees for the garnishment and any checks that bounce.

If this happens, you'll need to file a "waiver of garnishment" and get a court order to stop the action and get your money back. You can also notify the creditor that the income is from Social Security and protected from garnishment under federal law, and ask the bank to unfreeze your account (all in writing).

Contact your nearest Legal Aid Society for assistance. If you can't afford to pay, they will assist you at no cost.