Can a debtor who is unable to repay a loan have their Social Security or pension benefits garnished by a creditor who wins a lawsuit judgment?

Answer 1

No. All Social Security benefits (SS,SSD,SSI) are protected by federal law and are exempt to creditor action. This does not apply to federal or state tax arrearages or court ordered child support.

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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.

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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.

I DISAGREE IN PART TO THE SOLUTIONS, HERE'S WHY:

If you know a judgment/garnishment is coming, get your money out fast and do not deposit your check into ANY Bank or Credit Union account in order to protect it, separate account, or otherwise, until you have a working solution you are comfortable with.

While it is true that SSDI monthly benefits and arrearages are protected from most garnishments by Federal Statue, BANK ACCOUNTS ARE NOT! Therefore, you could find your bank account frozen and the your money withdrawn by creditors, even if the money is in a joint account. The check and the benefits are protected, but once they are deposited into a bank account they are fair game to levy/garnish by creditors. It may take the filing of court papers, a lengthly process, and time without your money if you are able to prove the origin of the money.

Three options I can think of are:

1. Notify via certified mail/return receipt requested your bank, the creditor, their lawyers, and the court that the funds in the specified accounts are exempt from garnishment/attachment per Federal Statute. Open a brand new account and set up direct deposit to prevent "commingling" of funds from any other sources.

2. Change the method of receipt of your funds to the Debit Card for people without bank accounts offered by the SSA. Money is filled into the card which is used just like a MAC Debit card.

3. Store the money under your mattress.

I agree the govement only can take there money if it's loans from the usa but if it's like civil matters they can not touch you what so ever no matter what even if a judge has order a seizoure of your accounts you can call the ssdi people and they will stop it child support can be garnished as well but there is a way to stop it too i have seen it done

Answer 2

All Social Security benefits and most private pension benefits are exempt from creditor attachment. States establish laws which stipulate what real and personal property belonging to a debtor cannot be seized for repayment of creditor debt by use of a lawsuit judgment. When a debtor is sued, the debtor must claim their legal property exemptions due to the fact that the court has no way of knowing what property, income or other assets the debtor holds. For homeowner's the most important claim is the homestead exemption, in some states it is granted automatically under state law in others a declaration of homestead must be properly filed. It is not a legal requirement for a debtor/defendant to appear at the lawsuit hearing. However, when the debtor is not present it usually results in a judgment being entered in favor of the plaintiff. The non appearance does not mean the debtor loses the right to claim exempted property. The best choice when one is being sued is to obtain legal advice or representation. Most attorneys offer free or minimal fee consultations to discuss the person's options. All state bar associations and the American Bar Association offer free attorney referral service. American Bar Association, http://www.abanet.org

Answer 3

Social Security cannot be garnished by ordinary creditors.

It can be garnished:

- for unpaid child support or alimony.

- for court-ordered victim restitution.

- to collect unpaid federal taxes or other debts to the government.