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I retired from a county position and I receive retirement income from the county and I also receive social security income. They are both direct deposit into my checking account. Can a credit card company legally garnish my income?
I am also handicapped if that makes any difference.
Hi garyfk
Technically speaking SS benefits and retirement benefits cannot be garnished unless it is for child support and alimony or for unpaid taxes. However, if your benefits are being directly deposited in your checking account, they may be garnished. If there are other funds in that account you may remove them and your SS benefits and retirement benefits will not be garnished.
Garnishment of retirement and social security income
Hi Gary,
Retirement income and social security income can be garnished by a credit card company only if it gets a judgment from the court. You must remember not to mingle other funds with the existing retirement and social security account. Even if you have been depositing money from other sources into this account, you must consider separating them in order to protect your retirement and social security income account from garnishment. Garnishment of social security and retirement income is not possible unless you utilize the funds to clear government debts like federal taxes, alimony, child support etc.
All the Best
Sarah_123 :)
Sarah, I believe your opening comment is incorrect. Social security benefits can not be garnished even with a judgement. The collection agency can go to court and get a judgemnt but they would not eb able to garnish that income (SS). If the person were to become employed elsewhere with the judgement in place then they could attach. I would go to your bank and let them know that this is SS wages and be sure they know what is going on. Legally they will not be able to take that money. Also if it goes to court be sure the judge presiding over the case knows your financial situation and where your source of income comes fro. He may be able to make sure they do not dip into your account.
I retired from a county position and I also receive social
Thank you all for your very helpful advice. I was in a quandary trying to decide what was the best thing to do to get myself out of debt and not lose my income through garnishment. I will keep only my retirement and income in my bank account and make sure Wells Fargo knows that the funds are from those sources. I am going to probably try for a debt reduction program if I can find a trust worthy company,
Gary
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