Can Social Security and Small Pension Be Garnished?

Oct 18, 2011

Can Social Security and Small Pension Be Garnished?
by: Debtcollectionanswers.com

Your mother's social security payments and pension income cannot be taken by a creditor with a judgment against her. They are exempt assets.

Are social security direct deposits safe from collectors in Illinois

by Valentin
(Illinois)

Are social security direct deposits in a checking account safe from seizure by debt collectors if the funds are not co-mingled by other deposits and the account is only in the recipients name only.

Comments for Are social security direct deposits safe from collectors in Illinois

May 12, 2010

Is Direct Deposited Soc. Sec. $ Safe From Collectors?
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

Under federal law, your Social Security payments are safe from debt collectors as long as they not co-mingled with money from other sources. So, as you suggest in your question, you should keep that money in an account that is separate from the rest of your funds.

Social Security Intercepts

by megan
(Wisconsin)

Can social security be intercepted for unpaid hospital bills? And if so, will the Social Security pay off the unpaid hospital bills before unpaid child support?

Reply from DebtCollectionAnswers.com: Social Security income is typically protected from garnishment by creditors. However, there have been situations where creditors have gone after bank accounts that contain Social Security funds. If you owe unpaid child support, that is the top priority.

It sounds like you may have several different debts you are struggling with. It would be a good idea for you to at least get a free consultation with a bankruptcy attorney to find out what your creditors can and cannot do to collect from you.

Social Security and Air Force retirement

by Bec
(Chesterfield MO)

My husband only has Social Security and Air Force Retirement. He suffered a stroke in April 2010 that effect his thinking, actions, and speech. The Social Security has put his check in my name due to the fact I now handle all the money going out. He has no assets, no saving, no other source of income. He now has been summoned to court of a debt can they touch his SS or Retirement. I can wheel him into court but he will make no sense, and gets very upset at times. What should I do?

Comments for Social Security and Air Force retirement

Nov 26, 2010

unable to appear in court
by: Gerri

Bec,

I am so sorry to hear of your husband's condition and to hear that he is being sued for this debt. Was the debt collector made aware of his condition and his financial situation? If so, I would definitely recommend you talk with an attorney to find out whether the debt collector's actions here may be considered harassment.

If you had asked me what to do before he was sued, I would have explained that his income is likely safe from creditors and collectors, and I would have encouraged you to set up a free consultation with a bankruptcy attorney to double check that. If he is "judgment proof" then I would have suggested you could send the debt collector a cease and desist letter explaining the situation and asking them not to contact him again.

But now that he has been served with a summons, it is essential that you get legal advice. I don't know whether your husband is still eligible for legal assistance through the Air Force, but I would encourage you to check that.

You can talk with a consumer law attorney with experience in debt collection cases. Learn how to get low cost or FREE legal help with your debt collection problem here. They should be able to tell you whether you have a case against the debt collector.

Please let us know what happens after you check out both of these sources (use the comments link below). Hang in there.

Can funds from a pension and social security be taken?

by rhonda
(Brooks, Ga. USA)

My father did a voluntary repo. on two vehicles and losing most of his hearing and being declared legally blind. Now they are contacting us... Can his retirement or social security be garnished or bank acct. funds taken to repay this debt?

Comments for Can funds from a pension and social security be taken?

Jun 17, 2011

Can funds from a pension and social security be taken?
by: Debtcollectionanswers.com.

I assume that although your father gave back his vehicles to the lender and the lender sold the vehicles, there is still a balance due on one or both of his auto loans. That balance is called a deficiency and the lender is entitled to try to collect the deficiency amount. However, before the lender (or the collector it may have hired to collect the deficiency) can try to do that by going after the money in your father's bank account), it must sue him and win the lawsuit.

If the lender gets a judgment against your father for the deficiency amount, it is legally barred from trying to collect on the judgment by going after your father's pension and/or Social Security income -- those assets are exempt from collection, although there are a few exceptions. The danger however is that if those funds are deposited into your father's account and mingled with other money in his account, it could be difficult to distinguish exempt funds from nonexempt funds. Therefore, if the lender were to get permission to have the funds in your father's account frozen, it's likely that any money from his pension that might be there as well as any Social Security income in the account would be frozen too and then a process would have to be initiated to determine what is what. So, if your father is concerned that the lender may get a judgment against him, it would be a good idea for him to keep his pension income and his Social Security income in an account that is totally separate from the rest of his funds.

In your query you mentioned that you were being contacted about the money your father owes. Is the lender (or debt collector) actually contacting you about the deficiency rather than or in addition to your father? If so, the collector may be violating the law because unless you co-signed for the vehicle loans in question, you are not legally obligated to pay your father's debts. Therefore, you may want to contact a consumer law attorney in your area who helps people resolve debt collection problems or you may want to call the Collection Complaint Hotline at 888-711-5183 for a free, confidential case evaluation.

Can Debt Collectors Get My Social Security Check?

I would like to know if debt collectors can get to my Social Security check. It is direct deposited. Is it protected because it is a government check? I drive an old car and I rent. Have no property of any kind other than my car.

Comments for Can Debt Collectors Get My Social Security Check?

Sep 03, 2009

Social security income and debt collectors
by: Gerri

Typically, income from Social Security is exempt from creditors. However, there are some types of debts where creditors may be able to get at your Social Security income. For example, in July 2009, the California Supreme Court ruled the banks can take overdraft fees from bank accounts in which government benefits checks are deposited.

I would recommend you talk with a bankruptcy attorney who can explain what property is exempt in your state and help you understand your options for dealing with the debt you have.

Sep 07, 2009

Social Security is not exempt from some
by: queenB

There are 2 debts that I know of who can and will deduct funds from social security. The first is for any kind of back taxes and the second is for a student loan. These 2 go directly to the social security admin and basically garnish the check. There is a limit to how much they get each month but when you are on SSI every little bit helps.

Mar 25, 2011

court date
by: Anonymous

i had a personal loan at the time i was working now i'm on social security and i can pay the loan and i have a court date coming up. can the debt collectors get mu social security check

social security disability says I owe money

by Carol
(Spring Hill, Fl)

My husband died in 2001 and at that time I had 2 teenaged children who received his social security benefits. My son continued in school past the age of 18, so his benefits did not come to me anymore, but went directly to him in check form. He was cutting out of school and finally was suspended, and eventually he lost his benefits for not attending secondary school. a few years later, I wound up on social security disability. After a few years, social security wrote to me and told me that I owed $12,906 to pay back the overpayment to him. I have been going back and forth with the SSA since 2007 trying to prove I do not owe the money and also that I couldn't afford to pay it back. A few days ago I received a letter telling me that I missed an appointment that they set up for me for August and since I did not respond they want me to write them a check for the amount of $12,906. They said I have 60 days to answer this letter but they are still going to go about collecting the money from me. I never missed one meeting with the administration for the years that I have been dealing with this, but I never got the letter they are saying I ignored. I was hospitalized and then not in my home for a few weeks of recuperation. The mail was picked up by my rental agent, who called me a few days ago to tell me she was holding my mail. I surely would have kept my appointment, or notified them that I was unable to and therefore reschedule if I had received the notice. All of this to ask, can they take away my disability check?

First of all, I do not owe it which I have told them for years. This has been going on for a few years now and in about 6 weeks my ssdi will switch over to straight Social security since I will be 65 in November. Thank you for reading this letter and for any advice you may have for me. Carol

Comments for social security disability says I owe money

Nov 09, 2011

social security disability
by: Debtcollectionanswers.com.

Your situation is complicated and I am neither an attorney nor an expert on Social Security Disability payments. Given the amount of money at stake, I recommend that you consult with an attorney in your area who helps people resolve Social Security-related problems as soon as possible. You need professional assistance.

social security disability and cosigned student loan

by k mundell
(hudson)

I have medical reasons for being on social security disability. I am concerned about being a cosigner for my child on bank loans for school for which she cannot pay. I receive two pensions total combined is $164.00 plus my Social Security disability. Can they take any of my income?

Reply from DebtCollectionAnswers.com:

K - Social security disability payments may be at risk of you cosigned for federal student loans that are in default. This is called a "federal benefits offset" and up to 15% of benefits may be taken, though the first $9000 (or $750 per month) is safe. Social Security disability is at risk but SSI disability should be safe.

The government is stepping up these actions. You need to protect yourself here.

First, you should understand how this works and what your options are if you are notified of an offset. (You are supposed to get a written notice first.) There is some good information available at StudentLoanBorrowerAssistance.org.

Secondly, you need to talk with your child and have him or her get out of default on their loans. There are a number of ways they may be able to do this, including the IBR program which offers payments as little as zero. This is as important for them as it is for you so don't let them procrastinate. If your child doesn't deal with these loans it will only get worse.

If your child is having trouble navigating the system, help is available for a reasonable fee through attorneys with experienced in these matters.

Find out how to get free or low-cost help with your debt collection problems here.

We hope you are able to find a way to get your child's loans back on track so you don't have to worry about them and can focus on getting well.

Secured loan and Social Security

by Gerald
(Macon Ga. Bibb county)

I live in Ga. I secured a loan with some of my lump sum payment from the SSA. A debt collector has filed for a garnishment of the funds to apply on a old car loan for Ford Motor Credit Company. The amount owed is $23,538.45. The loan was made back in 1989. The amount of the secured loan is $6,000.00. Can this be stopped? Can they do this under Ga. law?

Reply from DebtCollectionAnswers.com:

Gerald,

We aren't attorneys so we can't give you legal advice. What we can tell you is the Social Security funds are usually protected from most creditors, however there are some exceptions.

We don't know what you mean when you say you secured the loan with funds from SSA. Typically when you pledge collateral for a loan and then you default, the creditor has the right to take (or repossess) the collateral. But again, we don't clearly understand the scenario you are describing.

In addition, it sounds like this loan is very old and could be outside the statute of limitations. In that case, the debt collector may be acting illegally by taking these steps to collect now.

We'd suggest you free consultation with a consumer law attorney to find out if the collector's tactics here are legal.

Creditors and Social Security Disability Accounts

by Linda
(Leominster)

I signed for a car for my daughter over a year ago. The car was in my name. The car was totaled in an accident which was not her fault. Now the credit union is telling me that they got money when they auctioned the car and money for the damages for the car. They now want me to pay them over $7,000 in two weeks for the remainder of the loan.

I live on a small disability income from Social Security. Can you please tell me what to do to stop them from taking my money out of my direct deposit account that I have in another credit union.

I can barely pay my rent and bills now, if they take out any money I will lose my apartment and have no where to go. I need all of the money just to live. Please, can you help me?

Reply from DebtCollectionAnswers.com:

Linda, we are sorry to hear of the difficult situation you are in.

Social Security disability income is usually safe from creditors. You DON'T keep funds with the credit union that has the debt, correct? If so, you need to open an account elsewhere.

Based on what you are telling us, you are probably
judgment proof, and if you tell the credit union that, they will likely stop wasting their time trying to collect from you.

We recommend you get a a free consultation with a bankruptcy attorney to confirm if you are judgment proof. If you are, you can see whether the attorney will write a letter on your behalf to the credit union explaining the situation, or you can do so yourself.

Of course this doesn't stop the credit union from trying to collect from your daughter, if she is on the loan too. She may need to talk with a bankruptcy attorney herself if she can't pay this debt.

Social security and other property

by Stew
(Colorado)

My mom is on social security...that is her only income. She is being taken to court for an auto loan from years ago. Now I already know that they can't take her social. Security and the only thing of even a little value is her current old beat up car which is paid in full. My question is is the car something they can take from her.

Comments for Social security and other property

Jul 21, 2012

Social security
by: Debtcollectionanswers.com

According to my information the full value of your mother's car is probably exempt from collection and thus would be protected from her creditors. If you want to confirm my information, contact the consumer affairs/information office of the attorney general in the state where your mother resides or a consumer law attorney in that state.

It sounds like your mother is judgment proof. In other words, even if the creditor wins its lawsuit, your mother has nothing that the creditor could take to collect on the judgment.

Jul 21, 2014

AZ law suit (home in MI paid for)
by: Anonymous

what if you have 2 houses, one paid for in another state and the other financed in the same state as law suit.

can a company suing you put a lien on the home that is in another state and paid for or do they put a lien on the home that is being financed in the same state of law suit.

Reply from DebtCollectionAnswers.com

Potentially all property you own could be at risk. What is safe depends on state law, and you'll need to consult a consumer bankruptcy attorney or asset protection attorney to find out if you can protect your property from this lawsuit.

Mar 28, 2015

Can they take your mom's car?
by: DebtCollectionAnswers

There is an article on that topic at Credit.com. You can read it here: Can Debt Collectors Repossess My Car?

We'll add that whenever we hear someone is being taken to court for a debt we always recommend they talk with a consumer bankruptcy attorney right away. What creditors can and cannot go after to collect, and what they can and cannot do if they get a judgment is a matter of state law. Don't let her go into this blindly.

Mar 28, 2015

i no longer work and i receive social security benefits

by carol
(Addyston OH)

I went to the emergency room last year.(I have no health insurance at the time i was seen and I told them that I still do not have any medical coverage but I keep getting letters from collection companies that I owe this bill. I do not have any money to pay this. What can I do ?

Comments for i no longer work and i receive social security benefits

Mar 09, 2010

unpaid medical bill collections
by: Gerri and Mary

Carol,

Thanks for submitting your debt collection question on our Q&A page.

Unfortunately, there are no easy answers to unpaid medical bills that you can't afford. I don't know what you did to try to work something out when those bills first came in (and it may be a little late at this point), but you may want to try to go back to the hospital and ask to meet with someone in the department that handles financial hardship cases. Really press hard to see if there are any programs that can take care of those bills for you given your situation. That information isn't always easy to get, but do what you can. (If you have a friend or relative who can go with you to take notes, and help plead your case, bring them with you.)

If that doesn't get you anywhere, then my recommendation is that you next set up a free consultation with a bankruptcy attorney who can help you weigh your options. Bankruptcy may not even be necessary in this case, but it would be a good idea to talk with an attorney. Find out what the debt collector can and cannot do to collect these medical bills from you. The attorney will be able to help you understand your state's laws there.

Finally, if it turns out you are not a good candidate for bankruptcy, but there is nothing the debt collector can really go after - as far as your property or assets are concerned - then you can send the debt collectors a cease and desist letter telling them not to contact you again.

Can My Social Security Income be Garnished?

by MIKE
(THAILAND)

I am retired and live in Southeast Asia and my ONLY income is from Social Security Retirement Benefit which is direct deposited in my bank account here each month. Can a collection agency garnish my income? What recourse do they have, if any?

Comments for Can My Social Security Income be Garnished?

Sep 08, 2011

Can My Social Security Income be Garnished?
by: Debtcollectionanswers.com.com

If a collector is trying to collect a past due credit card account, medical bill, personal loan you owe, he may not go after your Social Security income. However, that income can be taken to pay any past due federal student loans or past due back child support you may owe.

A word of caution, however. It's best to keep your Social Security income in a bank account that is separate from any other funds you may have. This is because if a debt collector gets permission from a court to take the money in your account, he will not be able to tell which funds are which. Therefore, the collector may mistakenly take your Social Security income and you will have to initiate a special process to get that income returned to you.

student loan garnishment and Social Security income

by Anne
(Interlachen, Fl)

Can Sallie Mae Garnish my Social Security income because of unpaid student loan due to becoming disabled many years ago? Doctor form was submitted verifying permanent and total disability determined by social security to Dept of Education. I explained this to Sallie Mae several years ago and the reply was they lost the info and then said they were separate from Dept of Education. Within the last few months, I have been receiving threats by mail and now phone.

Someone saying they're investigator Taylor calling me about this with case #. The Putnam County Florida Sheriff I reported this phone threat to has told me it is not legitimate and are looking into it. I recorded the voice mails so Deputy could listen to them. Attorney General, Seniors vs Crime have also been informed.

They said Sallie Mae could not garnish my Soc Sec income. I have many health problems and this stress is exacerbating my heart condition and other health issues as well. What can be done to
resolve this and end harassment?

Reply from DebtCollectionAnswers.com:

There are situations where Social Security income can be garnished to collect federal student loan debt. Read: Help! My Social Security is Being Zapped to Pay Student Loan Debt!

We also suggest you also suggest you listen to this interview about student loan default with attorney Joshua Cohen which should help you understand your rights.

Unfortunately, student loans don't go to simply go away because you can't pay them. You need to find out whether you can get on the Income-based Repayment Program (IBR) to get your payments down to zero or an affordable amount so that eventually the balances are forgiven.

In addition, Anne, debt collectors are required to follow the Fair Debt Collection Practices Act when collecting student loan debts. It's possible collector is not following the law due to the threats you are receiving. After you've reviewed the article we mentioned above and listened to the interview, we also suggest you read the first chapter of Debt Collection Answers online for free. If you think the collector may be breaking the law, be sure to talk with consumer law attorney about the situation.

We hope this helps!

Garnished Social Security

by Toni
(Sarasota, FL, US)

I have a large unpaid debt with American Express... They hired a law firm, took me to court and have a judgment against me. Now they have confiscated my bank account. My only source of income is my Social Security Check... so they have taken all I have. What can I do? I thought it was illegal to confiscate SS?

Reply from DebtCollectionAnswers.com:

Toni - You need to talk with an attorney right away. Social Security income generally is protected from creditors, and if the debt collection law firm acted illegally you may be entitled to damages and attorney's fees. (For that reason, some attorneys who sue debt collectors will take these cases on a contingent fee basis, where you pay no fee upfront.)

You can contact a local consumer law attorney with experience in debt collection cases (NACA.net is often a good place to find one).

Hang in there - hopefully you can get this resolved fairly quickly.

senior living on social security has judgment for garnishment.

I never got the original judgment but I got a copy two months later with a new date. I have no income for garnishment. Worried if they can put me in jail for failure to answer.

Reply from DebtCollectionAnswers.com:

Please don't ignore this. You may be able to get free legal assistance through legal aid. You don't state where you live, but you can try searching the internet for legal aid in your county.

Canadian who eligible for US Social Security Pension

by Janet
(Vancouver, British Columbia)

I still owe a federal government debt (loan) and it will not be paid off when I start receiving MY US Social Security Pension. Will they withhold all my pension or leave me some?

Garnished While On Social Security

by L.B.
(Murrieta Ca USA)

I'm on social security and they have sent me a levy for 4,602.55 which i have no idea who i owed it from. They even garnished me for 250 dollars in the month of October, but 7 mos. before that they sent me a letter of appearance in court in the year 2014 and yet they already have a judgement and garnishment at the same time..so unrealistic aint it?

I don't know what to do since I've been unemployed due to tragic car accident and i depend on my social security to make ends meet.

Comments for Garnished While On Social Security

Mar 21, 2015

judgment proof
by: DebtCollectionAnswers

It sounds to us like you should be protected against garnishment for this debt (unless it happens to be for a federal student loan - but even there, there are limits).

Have you spoken with a consumer law attorney? A consumer bankruptcy attorney should be able to help you stop the garnishment and help you protect yourself against any future levies from your Social Security income. If you need help finding one, you can call the Debt Collection Hotline at 888-747-6242. It shouldn't be expensive to get this resolved. Let us know how it works out for you.

how can i protect my social security benfits from my old debts

by Vincent
(new brockton, al)

How can I protect my social security benefits from my my old debts

Comments for how can i protect my social security benfits from my old debts

Jun 20, 2011

how can i protect my social security benfits from my old debts
by: Debtcollectionanswers.com

Your Social Security income is exempt from collection. In other words, if you are sued for a debt that you owe and the debt collector or creditor wins a judgment against you, it cannot collect on the judgment by going after your Social Security payments. The problem however is that if the collector or creditor gets permission to seize money from your bank account to collect on the judgment and your Social Security income is in that account, that income may be taken because it will be indistinguishable from other funds in the account and should that happen, you will have to initiate a process to get your Social Security income back. So, if you want to be sure this does not happen, my advice is to open a new bank account and reserve it 100% for your Social Security payments.

Jun 28, 2011

how can i protect my social security benfits from my old debts
by: Debtcollectionanswers.com

If the debt you owe is an SBA loan, the lender may decide to sue you and if it gets a judgment against you, it can go after your assets, but not your Social Security income.

You have options for dealing with your debt however. For example, the lender may be willing to let you settle the debt for less than you owe on it; although you will probably have to pay the settlement amount in one lump sum. Another option is to find out if the lender will let you make smaller monthly payments than what you are obligated to make now (and maybe lower your interest rate as well). Be sure not to agree to make payments you are not 100% sure you can make however.

Another option is to meet with a consumer bankruptcy attorney to find out if filing for bankruptcy might be a good way for you to resolve your debt problem. Click here for a free consultation with a bankruptcy attorney. The attorney can also help you figure out if one of the other solutions I suggested in this answer might be right for you.

Bottom line, you have options and you should investigate all of them rather than worrying about the "what ifs" associated with owing the money that you do.

Jul 28, 2011

Chapter 13 BK
by: Anonymous

We are filing for Chapter 13 and was wondering if during the 5 year payment payback if I start drawing my pension will that have to be added to income and would that increase my monthly paymt. Debbie in Illinois

Reply from DebtCollectionAnswers.com: Changes in your financial circumstances will need to be disclosed during your Chapter 13 bankruptcy. Please talk with your attorney about how this change in your income will change your payments.

Aug 09, 2011

How Can I Protect My Social Security Benfits From My Old Debts
by: debtcollectionanswers.com

Debbie:

In an earlier post on this site you indicated that you had filed for bankruptcy. Therefore, you should ask your bankruptcy attorney this question because I am not a bankruptcy attorney. If you are not working with a bankruptcy attorney, then I recommend that you consult with one to get your question answered.

Sorry that I cannot be more help but bankruptcy is a very technical area of the law and I would hate to give you the wrong information.

Wages Being Garnished for Social Security Overpayment

by Zach
(Lebanon MO)

I received social security benefits as part of a child support agreement up until I was 19. Aprox. 10 weeks ago I received notice through my employer that my wages would be garnished to repay this overpayment. This was the first I had heard of anything being owed I would have received this overpayment in 2007! Regardless I owed $1053 and I decided to let the garnishment do its thing and just settle the "debt". As of this week $1583 of my wages have been taken from my checks over the last 10 weeks. The first week of overpayment I contacted the Social Security Administration and all they can say is that they have put it under review. That was 4 weeks ago! I've contacted them again and am getting the same response. Iam just wondering how I can get this stopped and what the chances of getting repayed what has been over collected. Thank you for any h
elp you can provide.

Comments for Wages Being Garnished for Social Security Overpayment

Aug 28, 2011

Wages Being Garnished for Social Security Overpayment
by: Debtcollectionanswers.com

Sorry for your problem, however we are not experts on Social Security problems -- this is a site that deals with debt collection issues -- so we cannot help you. We recommend that you talk with an attorney in your area. Call your local or state bar association, explain your problem and ask for a referral to an attorney. Good luck.