0
In many cases, yes. SSI payments and the like are considered income, wages, and all income and wages may be attached by garnishment in most states. It is possible you live in one of the few states that do not allow this, so you might contact a lawyer and use a free consultation looking into it.
Additional Information
Generally, no. Your Social Security retirement or disability (SSDI) benefits cannot be attached by regular creditors, even if a judgment has been entered against you. According to federal law (Section 207 of the Social Security Act (42 U.S.C. 407), only the federal government can garnish your benefits, and even then, they typically take only a portion. Benefits may be garnished or accounts levied:
- to enforce child support or alimony obligations
- to collect unpaid federal taxes (up to 15% of your monthly benefit)
- to satisfy a non-tax debt owed to another department of the government
- to enforce obligations under the Mandatory Victim Restitution Act (18 USC § 3613).
Once the benefit amount is in your possession, however, the government will not help you protect it; you must be able to demonstrate the source of your income is Social Security. If a civil judgment has been entered against you, the best way to protect your Social Security check is to open a separate bank account used only for deposits from the SSA.
If you also receive Supplement Security Income (SSI), it cannot be garnished or levied by anyone for any reason.
Creditors may attach or levy income and assets from other sources, even if you are a Social Security or SSI recipients, which is why it's important to keep these funds separate.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Can the Utah dept. of Recovery Services garnish my monthly disability check from Social Security for back child support?
No Retirement or Social Security can be garnish.
Can a student Loan take money when your social security disability check under 750?
Can a student Loan garnish money, From your social security disability check when it is under $750.00
Can a credit card judgment garnish your social security in Florida?
I'm sure the law must be the same for ss in every state. No !!! your social security can not be garnished by anyone but the United States Government. Period. The creditor can get a judgment and put a hold on your acct in an attempt to garnish it. Stay calm and work with your bank. I had mine settled in a day. There is a form for you to check off informing the court that you truly do only have Social Security Deposits in the bank and no other income. If your bank is as good as mine they will walk you right through it. I am in the state of Oklahoma
Why would the government garnish your Social Security check?
There are several reasons why the government would garnish one's Social Security check. One example would be, if one has some pending tax payments. The IRS might then evaluate other possibilities in order to get the bills paid.
Can the federal government garnish the total amount of your social security check?
For unpaid taxes and unpaid student loans, yes.
Can child support garnish all of your social security check?
No, only up to 50%, and not at all if you are on SSI. see links below
Can a social security disability check be garnished for a repossession?
Only 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 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).
Can a creditor garnish wages on a bank account of a VA check and Social Security check?
No but you must prove that money in the account came from those sources and not from gainful employment...
Can the state of Indiana garnish your social security check?
Yes if you owe child support or back taxes those are the only two reasons.
Can social security take your check if you are a co-signer on a student loan?
If you are on social security you should not be cosigning on a student loan. You would be guaranteeing that if the student doesn't pay off the loan you will. The federal government can garnish your social security benefits to recover student loan payments.
Can the IRS levy or garnish a Social Security Disability Settlement Check?
Social Security does not allow garnishment of disability benefits by creditors. Any credit card company, business, or individual who has won a judgment against you will never garnish your Social Security disability check.Social Security will allow garnishment of your Social Security disability benefits for current and past due child support or alimony. And the Internal Revenue Service is allowed to garnish Social Security disability and retirement benefits for delinquent taxes.Also, in addition to the IRS, other federal agencies may be allowed to garnish Social Security disability benefits.For instance, if an individual owes student loans that were federally guaranteed their Social Security disability benefit can be garnished.In theory, any money owed to the federal government can conceivably be garnished from Social Security retirement or disability checks.If you receive Supplemental Security Income (SSI) disability benefits, however, no creditor can garnish your benefit, not even the Federal Government. Since SSI is a need based disability benefit, it cannot be garnished.
Can a Social Security Disability check be taken for taxes?
The IRS can garnish up to 15% of your Social Security Disability check unless you work out an alternate repayment plan or are categorized as "uncollectible" due to income and expenses. It would be in your best interest to contact the IRS to discuss your options.
