All SS benefits are completely exempted by federal law from creditor action. Private pensions in general are usually exempted, but to be certain the involved party would need to consult the personal exemptions laws of their state of residency.
Summary: No, they can't take your check. Unless they sue you and get a judgement they can't garnish anything. Neither a private pension nor Social Security would be attachable in the case of a creditor such as a bank or credit card issuer having a judgement. However, if the bank account it's deposited into has other funds it is possible that funds in that bank account that are not the proceeds of a pension or social security payment could be
All Social Security and Supplemental Security Income benefits are exempt from action for creditor debt. Most pension plans are also exempted, although some may only have a specified portion protected. States enact laws that establish which real and personal property can be exempted from creditor attachment. The same exemptions that the state of residency allows for bankruptcy action are the ones that apply to lawsuit judgments. In addition federal non-bankruptcy exemptions are allowed in most cases.
No. Social Security and Pension income are not considered earned income for the purposed of the Earned Income Tax Credit. This is not to say that you will not have to file an income tax return and possibly pay taxes. Depending on the amount of income you have and your filing status, you may or may not have to file a return.
Creditors can sue the debtor to recover monies owed, what property they can attach depends upon the laws of the state in which the debtor resides. All Social Security benefits and most pension benefits are exempt from creditor attachment. For the majority of consumers the homestead exemption is the most important; in some states the homestead exemption is automatically granted by law, in others a homestead declaration must be filed with the county recorder's office to protect the primary residence from creditor action.
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