Can my SSDI be garnished for a debt?

by Brian

Can this collection agency garnish a monthly payment from income that is Social Security Disability payments?

Reply from

Your Social Security Disability Income is typically safe from most creditors. If a debt collector has threatened to take income that is exempt, he may be breaking the law and you may want to get a free consultation from a consumer law attorney.

However, be careful: If you are comingling other funds with this money (from a family member or another source of income) you could run into a problem. In addition, if you owe a federal student loan, some of that money could be at risk, though there are limits.

Have they sued you and obtained a judgment? If not, you could think about sending the collector a certified letter stating that your only source of income is SSDI, that you have no other resources to pay the debt (if that's true) and ask them to stop contacting you. If you do, they can only contact you to inform you of legal action they are taking against you. You can read our information about sending cease and desist letter to stop a debt collector.

If they already have a judgment against you then you need to let them know that your only income is protected. And again if they threaten to go after that income talk with a consumer law attorney right away: 888-747-6242.

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