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Can Social security benefit garnished for credit card debt?

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Hallmark1
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Subject: Can Social security benefit garnished for credit card debt?
 
Posted on Tue Nov 04, 2008 12:03 pm  

My only source of income is my social security benefit. I have a credit card debt of about $500 which I cannot afford to pay in full right now. How can I get out of this credit situation. Can the credit card company bring judgment against me and garnish my social security benefit.
Mary

Mary

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Posted on Tue Nov 04, 2008 12:42 pm  

Hi Hallmark
Social security benefits can never be garnished for payment of credit card and other personal debt. However, it can be garnished if you have a federal tax debt or alimony and child support obligations. But if you have any other income apart from social security benefit, your bank account can be garnished for the repayment of such debt. So if the debt collector take you to the court, you should mention that the income that falls in your bank account is your ss benefit, so that garnishment order is not placed on that account.
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fireyone



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Posted on Wed Nov 05, 2008 12:27 am  

If you would just want to get this out of your way maybe you could give them a call and explain that you only recieve the SS benefits and that taking you to court will not get them any closer to collecting on the money. Tell them you would like to pay a small amount until you can have it paid off. This would be better than them ringing your hone off the hook or one of your relatives. belieive me they will do this and all kinds of other things to collect the debt and even if you send them a cease and desist letter they will just sell this debt to another sgency and then it starts all over again...Just thought I would let you in on that. Been there doen that.
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Posted on Wed Nov 05, 2008 8:30 am  

Does all states in US allow wage garnishment? What are the wage garnishment laws in US
Justin

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Posted on Wed Nov 05, 2008 8:42 am  

Hi Guest
Almost all the states in US allow wage garnishment with the exception of North Carolina, South Carolina, Texas and Pennsylvania. However, even in these four states, wage can be garnished for federal tax debt, and alimony and child support obligations. Moreover, not more than 25% of the disposable income of the debtor can be garnished.
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fireyone



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Posted on Wed Nov 05, 2008 9:43 pm  

This is correct Justin. I am glad that the other states only go as far as garnishing 25%. I can not image if they were allowed to garnish more how someone supporting a family could do it.
N Gresham
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Subject: credit card-social security.
 
Posted on Wed Nov 11, 2009 1:04 pm  

I get $131.81 mo retirement and my social security in the same acct. Could a creditor garnish part of my check for a bill. Would it make a difference if they are put in separate accounts.
debranewell2008



Joined: 10 Oct 2009
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108 Magic Points

 
Posted on Wed Nov 11, 2009 10:36 pm  

I thought I read on here some where that retirement was considered social security. And if it is a personal creditor cannot garnish either one. Unless it's for a federal tax debt,child support, or alimony. But just hang in there others will be by to help.
sampson
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Subject: social security
 
Posted on Fri Nov 13, 2009 3:15 am  

I have very little to live on and all is ss. I had an attorney leave a message to call him about a debt. If I call and tell him all I have is ss and they continue to call me isn't that harrassment?
JAN
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Subject: SOCIAL SECURITY & MY WEEKY PAYCHECK
 
Posted on Sat Dec 05, 2009 1:44 am  

if i can no longer afford to pay my creditcard debts, can my weekly pay be garnished? what do i tell the creditors?
debranewell2008



Joined: 10 Oct 2009
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108 Magic Points

 
Posted on Sat Dec 05, 2009 4:55 am  

if your weekly pay is different from your SS than yes they garnish it. You can always call and explain your situation to them and see if they will reduce your payments.
sandra
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Subject: Social Security garnishment
 
Posted on Tue Apr 20, 2010 6:08 pm  

I just went to court on this issue. A collector garnished my bank account which contained my Social Security benefit check. The judge told them to pay every penny back because it is illegal to garnish an SS or disability check. The only ones that can garnish a Federal benefit are the Feds themselves, for instance they may garnish your SS benefits if you owe the IRS. Best advice is to put your SS in a credit union and not in a bank. If my check was in a bank it never would have gotten as far as court.
Aaron

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Subject: social security garnishment
 
Posted on Wed Apr 21, 2010 6:23 am  

Hi,

Even if the Social Security money is put in a bank account, you need to declare both to the bank and the creditor that your only income is Social Security. This may help.

Thanks,

Aaron
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faith8354
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Subject: ssi garnishment
 
Posted on Sat Aug 28, 2010 11:07 pm  

How much of ssi benefits can be garnished for child support if it is you only source of income?
Aaron

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Subject: ssi garnishment
 
Posted on Mon Aug 30, 2010 12:29 pm  

Hi Faith,

This will depend on the state laws, and what your spouse has asked for.

Thanks,

Aaron
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