Are Social Security and Retirement funds exempt from garnishment in Minnesota?

Answer 1

speaking from experience, you can be garnished by multiple people at the same time, but they can only take up to 25% of your earnings after taxes, but before insurance, disability, etc. So if you have 3 creditors with garnishment judgments against you, they would then divide the 25% equally between the 3. They also have to renew the garnishment summons every 70 days, but they can garnish you with no reprieve until the balance they are seeking is paid in full.

hope this helps!

From SSA website

"Sec. 207. [42 U.S.C. 407] (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

The only exceptions allowed to date are for Child Support payments. So, no, SS benefits are NOT subject to garnishment in ANY State of the Union. Furthermore, SS benefits are NOT subject to attachment via any court proceeding. The U.S. Supreme Court has held that Social Security funds deposited into a bank account "retained the quality of moneys' within the purview of section 407[.]" Philpott v. Essex County Welfare Bd., 409 U.S. 413, 93 S.Ct. 590, 34 L.Ed.2d 608 (1973). Courts have also held that the funds remain exempt from legal process even if they are commingled in a bank account with other funds, so long as they are reasonably traceable to Social Security.NCNB Fin. Servs. V. Shumate, 829 F.Supp. 178 (W.D. Va. 1993), affd. 45 F.3d 427, cert. Denied 115 S.Ct. 2616.