Section 207 of the Social Security Act prohibits creditors from taking your Social Security payments. However, there are exceptions. For example, those payments can be taken by the Federal government if you owe a past due student loan, back taxes, or other money to Uncle Sam. Also, they can be taken if you owe past due child support.
If a creditor or debt collector threatens you with garnishment and your sole source of income is Social Security, write the creditor or collector a letter telling it that fact and remind it that Social Security income is exempt from collections under Section 207 of the SS Act. If that income is taken from you for some reason, you can use the same section of the law as a defense for why the garnishment was illegal.
Also, if you have other sources of income besides Social Security and you are concerned that the money in your bank account may be taken, set up a separate bank account for your Social Security payments so that those funds are kept totally separate from the other funds, which are susceptible to garnishment. Otherwise, if a creditor does get permission to garnish and your Social Security income is mingled with those other funds, your bank may unwittingly give the creditor some or all of your Social Security money. Then, you will have to initiate a formal process to get that money back.
social security
by gene
(cambridge MD)
can your social security be garnished to pay a debt?