Can Social security benefit garnished for credit card debt?

Submitted by Anonymous (not verified) on Tue, 11/04/2008 - 12:03
Forums

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.

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.

Tue, 11/04/2008 - 12:42 Permalink

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.

Wed, 11/05/2008 - 00:27 Permalink
Anonymous (not verified)

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

Wed, 11/05/2008 - 08:30 Permalink

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.

Wed, 11/05/2008 - 08:42 Permalink

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.

Wed, 11/05/2008 - 21:43 Permalink
N Gresham (not verified)

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.

Wed, 11/11/2009 - 13:04 Permalink

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.

Wed, 11/11/2009 - 22:36 Permalink
sampson (not verified)

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?

Fri, 11/13/2009 - 03:15 Permalink

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.

Sat, 12/05/2009 - 04:55 Permalink
sandra (not verified)

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.

Tue, 04/20/2010 - 18:08 Permalink

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

Wed, 04/21/2010 - 06:23 Permalink
faith8354 (not verified)

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

Sat, 08/28/2010 - 23:07 Permalink
Bill (not verified)

Are my Social Security benefits of $1,400/mo. considered "disposable income" when computing my total income if a creditor attempts to garnish my income? I hope not since I only have $555/month other income from an annuity and this amount is under the minimum. I live in Colorado

Tue, 01/04/2011 - 05:32 Permalink
Kathryn (not verified)

I did just that declared to the creditor I only got SS they said " SO " I called the bank and they said they couldn't help me so as long as your money goes into a checking account I'm at a credit union by the way they can take it! Don't believe for a minute you are judgement proof as I was told by legal aid you are not! Your best bet is to have your SS sent to you in a check so only you control it, it sucks but if you live on SS you aren't dealing with enough to live on as it is.

Wed, 02/02/2011 - 15:12 Permalink
Sawyer (not verified)

I have received a summons for appear for a pre trail conference for a 4,000. dollar credit card debt. ( Now 7 ,00 with interest from a collention agency.Have been sick for 4 years only recieve social security.I am poor can hardly male it at the end of the month. What should I do when I go to the conference. I am very nervious. I am 68 years old. Thanks

Tue, 05/03/2011 - 15:24 Permalink
Ackie (not verified)

I had several credit cards and now i live off ss only, card a creditor garnish my ss payments for payment of past debt? Or try to make my spouse who's name is not on my credit card pay for them?

Sat, 07/09/2011 - 03:38 Permalink
vINCENT TROTTA (not verified)

I received aletter in the mail that ajudgement filed against me from Andreu PALMER & ANDREU won a judjement fromNOV9th 2007 for 3108.50 which I never received a verdict.They want 127.00 omonth till paid off.The clerk of courts also said there is another one being sent to me.My 1994 pick up truck was costing me 1000.00 to 1500.00 for the last 5yrs. Ionly get 1349.00 amonth & im afraid they are going to garnisher my disability check.My credit score went up to 759 so I bought a 2008 chevy cobalt car financed under CHRYSLER loanwhich is now T D AutO FINANCE which I can barely make pymnts but I am. COULD these collectors & Lawyers garnishire my disability check.

Wed, 09/28/2011 - 10:26 Permalink
lisa (not verified)

I have an SSD claim waiting for a decision. I will get a back pay amount for 2 years. I need to bankrupt and I am confused I have one lawyer that states he can only save $30,000 of my back pay another lawyer stated that they can't touch any of my ssd benifits. Who is right?

Mon, 01/30/2012 - 23:54 Permalink
nanran49 (not verified)

my account was bought by another company and i received a summons from the court on a cival action. i called he company and ask if this would be reported that i had agreeded to pay so much per month to inprove my credit score they said no! why, i live on disabiliy and a small retirement each month. what will happen if i refuse to pay because i do not owe the company that bought my account

Mon, 10/01/2012 - 14:03 Permalink
catherine dell… (not verified)

can your social security be garnished for on line gambling if you have established a credit line

Thu, 01/24/2013 - 18:39 Permalink
Maggie (not verified)

I live in Texas and Nissan is telling me they will garnish 25% 0f my Disability check because the law states they can do so. Can they take my only lively hood?

Mon, 03/11/2013 - 14:49 Permalink
Lizard (not verified)

A debt collector is constantly calling me about a credit card...I fell behind because of medical bills for my wife and myself...we both are on social security...they haven't threatened to have me arrested and garnish my socisl security...they keep on asking for my checking account number and I tell them I don't have one...I tried working with them but they was only interested in my checking account...they keep in calling but I let the answer machine pickup...they have even threatened to liquidate my house...our house does not belong to us...we have nothing in our name...

Fri, 03/15/2013 - 01:31 Permalink
Jake (not verified)

As of April 2013, in the state of Illinois garnishment of wages is limited to 15%.

Thu, 05/16/2013 - 18:30 Permalink