Can Social Security and retirement income be garnished?

Submitted by hbchiefs on Wed, 01/21/2009 - 22:09

i can't pay my credit card bills, what can they do to me? They sent me a letter saying if I dont pay they will get a judgment and do so. I thought that retirement income source and Social Security income couldnt be garnished? Can a credit card company garnish my wages?

angel (not verified)

What about student loans when you have been paralyzed and are now living on ss only.

Fri, 09/09/2011 - 16:33 Permalink
janice mac (not verified)

I have always made my minimum payments to 2 credit card companies. i voluntary closed my accounts, each about $1500.00.. i have written begging them to reduce my interest etc and they refuse. now cap one is raising my min from 47 a month to 67 a month, i cannot afford this, i am living totally off my social security and a very sm pension from a job. i called cap one and asked why and they said they are going by fed laws. i can't afford to extra and i can barely afford the $47 for one and $52 for the other. what will happen if i just pay each cc $40 each per month? can they go after me with a judgement and garnish my checking account?

Wed, 09/14/2011 - 19:41 Permalink
M (not verified)

Can a credit card garnish a bank account, if the account is at a bank not connected to the card? Also, the legalese on the link discussing bank account garnishing is difficult to understand? Which states are exempt from bank account garnishing. If someone lives in a state where it's legal to garnish the bank account, if they move their money to a bank in a state where you can't garnish, is that legally viable?

Fri, 09/16/2011 - 00:58 Permalink
Down and out (not verified)

Our household has been hit with fin. difficulities due to unemployment with my husband's job over 1 year now. There are credit cards that we can't pay the full amt. due so I am been trying to negotiate with them directly instead of being referred outside to an Attorney. Does this not make sense to the creditors because if they charge off our accounts and refer them to an outside company or Attorney they only get a percentage of the debt anyway if it's paid.

I am NOT sure why the credit card companies are making is sooo hard to negotiate do you know why?? would it not be in their best interest since so many americans are out of work these days. The income decrease is really making it hard to live now a days and I would think at least settling for a smaller amt. is best business for the credit card company and the borrower.

Tue, 09/20/2011 - 02:34 Permalink
pattycraft (not verified)

I owe Nelnet on a school loan can they garish my retirment money? I know bankruptcy wont relieve it so what do i do about the loan?

Wed, 09/21/2011 - 15:44 Permalink
Ann (not verified)

My huband, daughter and I have a joint savings account. Daughter is being taken to court for credit card debt. Can the entire account be emptied to pay this debt even tho neither my husband or I used this credit card? We live in Missouri and the daughter lives in Texas.

Fri, 09/23/2011 - 05:08 Permalink
gary lynn (not verified)

Can the CC take any of my stuff? I cant make my monthly payment at this time. I have a house trailer payed for that is my place to live a 2002 chevy pick up payed for a 2002 harley davidson payed for. Can they take any of these things I never charged any of the vehicles on my card

Tue, 09/27/2011 - 18:04 Permalink
Anonymous2011 (not verified)

Here is the deal, I know alot about law and come from a family of Attorneys. I am responding to everyone's post and answering all questions.

1st off, no goverment benefits (SSI, Disability, Retirement, Veterans, etc) can be touched by any creditor nor by individuals like roommates through a lawsuit. They would have to sue you in federal court meaning it requires they find a lawyer that specializes in federal lawsuits. But that person or creditor will spend alot to sue you in federal court. But they still will not be able to get your federal checks. Most lawyers will not even take a case since they know about social security benefits not be able to be garnished.

2nd off, when it comes to bank accounts there is a proccess you all need to do. If your SSI, Disability or other federal checks are deposited into your bank account, your still protected. What you need to do is make sure your bank statement clearly shows the direct deposit as a federal check (SSI, retirement, etc) and that will be your proof that money is from federal. Also having a social security award letter on hand to take to court with you along with the bank statement is wise. Both of those documents will be your proof to protect yourself.

Keep in mind, if you have other income like job income that can be garnished under law. Now in most states unemployment income and child support income can not be taken either. Those will vary by state laws normally, however under federal law there is a code of protection for the unemployed.

If you have assests that are worth alot of money like a house, those could be taken if a judge orders so, or like a car if its worth more than 3,500.

Now if you have a car loan your making payments on or a house payments and your on time with those payments, it will be hard for a creditor or person to collect on a lawsuit on those money.

Anyways I hope this helps!

Fri, 09/30/2011 - 20:40 Permalink
Joanne (not verified)

I receive only SS payments but did put my son on the account in case of death (his is not working). Can they take any of my SS money. Can they take my ownly means of transportation a car paid off?

Sun, 10/02/2011 - 16:13 Permalink
BCH (not verified)

Will the court judge allow credit card companies to garnishee my child support payment?

Sun, 10/09/2011 - 03:47 Permalink
Vee (not verified)

I only receive a pension check each month and I am now getting collection notices from my creditors. Is there some type of letter that you can write to them and if they continue to harass you there is something legally that you can do. I need to know what my rights are since I can't afford to pay any of my creditors. I only make enough to provide a roof over my head and transportation and food each month.

Wed, 11/02/2011 - 00:14 Permalink
Chuck (not verified)

I live on SS Disability and am working odd job up to $1000 under Social Security Substantial Gainful Activity. SSD is other account and Substantial Gainful Activity is other account under same bank. SSA deposits my account directly. Will the monster debt collector garnish my two accounts? Thank you Carol and mice to meet you.

Wed, 11/02/2011 - 03:25 Permalink
Sharon (not verified)

They will threaten you with all kinds of Garbage.
I suggest you inform this Debt collector that if he or she contacts you at work again tell them you will get a free Attorney to File a
complaint in Counrt agaist them.

Tue, 11/08/2011 - 03:49 Permalink
jacquiG (not verified)

my husband and i are both on social security disability-we are in debt for credit cards and medical bills and can't afford to file bankruptcy. i understand our social security cannot be garnished, the only asset we have is our 2006 vehicle. could we be forced to sell that to pay our debt.

Thu, 11/17/2011 - 03:23 Permalink
TheyBetterLetI… (not verified)

I received notice of garnishment for a brand new vehicle I had to give back via voluntary repossession in early 2003. I have been unemployed since the end of 2002 due to lack of no-cost health care for generalized anxiety disorder- I can not work before receiving many- perhaps up to a year- of visits with a full psychologist or psychiatrist, not social worker or students. In my state and city, there are no options of this sort.

I do not find the debt valid- the car company chose to sell the car for half its value, that is not my fault. They could have sold it for full value. Also, the collection agency last dealing with it added over $5,000 in fines to it, which is basically a mafia tactic. I don't owe that $5,000. However, within our broken legal system, apparently this thuggery is legal.

I, however, will NEVER pay a cent to that "debt", because I don't own it.

I have no income. I receive no aid from any level of government. I have no possessions of worth that are related to the car or car company (i.e. my computer has nothing to do with anything, and no one has a right to take it. I will fight to the death to protect what I have.) I have absolutely nothing, anywhere, period. It's that simple. All of my needs are charity from family, and their money has nothing to do with me.

So, what is the process for that garnishment effort on their behalf? Shouldn't it just bounce over to a charge off, like a prior debt did, since it will NOT be paid? How long can the garnishment threat last? I have a right to try to find work- it is not acceptable to allow such a thing to stay on my record for 10 years- that would mean the first work I could look for would be at 49/50 after 19 years of unemployment.

If that is the case, I will be a whirlwind of hurt and violence to this greedy conservative nation... I will make noise, loud and hard, before being forced to commit suicide, because I'm not letting a multi-billion collar company that earns the amount of that car in 1 second in interest on investments destroy my one and only life, especially after society has already destroyed my 20s and 30s. And I'm not sitting around each day staring at a wall every hour until I can't get hired at 50 because of lack of experience and age discrimination.

Fri, 11/25/2011 - 09:34 Permalink
Ted Driscol (not verified)

My IRA is with a brokerage firm .... can a credit card company or debt collector get a judgement against it if I am unable to pay my credit card debt????

Fri, 12/02/2011 - 00:17 Permalink
phyllis fish (not verified)

can they take my ss as that is my only income. or should i file bankrup. i do not have money for that either

Sat, 12/10/2011 - 18:04 Permalink
Trace (not verified)

My husband and I (75 and 64) live on SS, are raising our grand daughter for past 9 years......my husband lost both his jobs on the same day 3 years ago and that is when we after 6-7 months just could not keep up with credit card debts. We tried to file bankruptcy but that we could not afford either. We do not own anything. I just received a notice to appear in court from one of the CC companies who is suing me for judgement. What can they do if they get a judgement? and what benefit if I do show up in court?

Fri, 12/16/2011 - 01:39 Permalink
deidra (not verified)

i have been on a plan to pay off credit card debt.the plan expired and the credit card company does not want to make another plan.I offered to pay a certain amount they would not accept.my income is from a state retirement pension.i cannot afford the amount they are requesting.I have a checking account.what will happen if i dont pay to my pension and the account it goes into.

Wed, 12/28/2011 - 03:19 Permalink
TERRI (not verified)

I CANNOT PAY MY CREDIT CARDS, AND AM ON SOCIAL SECURITY DISABILITY. IF I DO NOT PAY THEM CAN I LOSE SEC 8?

Thu, 12/29/2011 - 23:14 Permalink
jon martin (not verified)

I am retired from govt, I recieve a govt pension and some social security. I have a credit card company sueing me. Can they take my bank account. the only money going into it is govt retirement and social security. I live in California can I proctect my account

Fri, 12/30/2011 - 08:08 Permalink
Cheryl (not verified)

I am a 65 year old widow, just lost my home to a short sale. I received no funds.
Lost my job & car. I owe credit cards & cannot pay. I dont care about
my credit, its ruined already. I have no bank accounts & am living temporarily with family.Ihave nothing but ss check & small widows pention check. I am recieving a settlement check from an accident
For $15,000. i have been using money orders to pay bills & cashing checks at a check cashing place. If i open a checking acct. To cash the 15,000 can the credit cards attach any of my money? What can they do to me if i dont pay? This settlement is all i have to live on .

Fri, 12/30/2011 - 09:21 Permalink
johnnie mae jones (not verified)

I am told that I can only have 1,500 dollars in my savings account per month. I use these monies to pay my ongoing bills. Is this true. Is this from s.s

Fri, 12/30/2011 - 22:15 Permalink
golddusty63 (not verified)

If your Social Security is in that bank account then they legally can not take,shut down or garnish it.

Mon, 01/02/2012 - 06:01 Permalink
Pat Rocco (not verified)

Me amd my wife both lost our jobs couple of years ago .We couldn.t pay our credit cards .Now we have to go to a hearing .Whats the most they can do to us.We got jobs but its alot less money we make now .

Wed, 01/04/2012 - 06:14 Permalink
jchan (not verified)

I get a retirement check from my teaching career, but it comes in the mail and I sign it over to my husband to put into his account. My name is not on the account and am only available to get into it upon his death. My social security disability check is automatically deposited into a join savings account with my name and his then transferred to his checking account. Can they garnish my retirement from the Board of Education before I get it and put it in his name only and can they touch my savings account?

Wed, 01/04/2012 - 07:06 Permalink
jchan (not verified)

Can a debt collect a debt for a credit card judgement put a lien on my house or cars? Even if they are sold later?

Wed, 01/04/2012 - 07:18 Permalink
meme (not verified)

can can my bank account be garnished or levied if the only income going in it is child support ? Also can my husbands account be levied or garnished just because my name is on it ? None of the money comes from me. I have no job or income, only child support. we live in missouri. Thanks. Renee my bank account be garnished or levied if the only income going in it is child support ? Also can my husbands account be levied or garnished just because my name is on it ? None of the money comes from me. I have no job or income, only child support. we live in missouri. Thanks. Rene

Mon, 01/16/2012 - 03:58 Permalink
Deborah (not verified)

Can a work retirement pension, that is direct deposited into a checking account, be garnished by a collection agency/lawyer firm for a credit card debt? If so, can they also do this if it is deposited into a savings account? What about my 401K? Can they take any other legal actions against me if they cannot garnish any monies?

Sun, 02/12/2012 - 03:37 Permalink
Ellen Keller (not verified)

I have a heloc on a forclosed home. I was paying on it, though sporadically, when my husband got seriously ill in Jan. 2011. The bank took 3600 out of my account and I set up an auto withdrawl of 350 a month, Because my husband died on July 25 ,2011 I couldnt remember phone calls or the bank telling me the 350 was a temporary agreement. I was hospitalized in February for depression. And came home to the bank threatening me. They want their 39,ooo now. my only income is ss. and my husbands pension. I can pay this debt on a monthly basis and they wont accept that. They said their ready to take me to court and it will end up costing me 61,000 for court costs. What can they do to me

Mon, 02/20/2012 - 03:35 Permalink
Lois Emanuel (not verified)

I owed Bank of America almost 17,000. dollars I live on my Social Security. After 6months Bank of America wrote it off. An attorney bought it and since 2009 about 4 different attorneys have purchased it. The last two attorneys have offered to settle the debt for 4,000 & and now 3800. I don't have any monies. They say they will send me a letter today that demands the full amount. What can I do. Or what can they do.

Tue, 02/28/2012 - 05:14 Permalink
Ann speight (not verified)

Can't pay credit card bills what can they do to me WILSON MEDICAL CENTER jobs in Wilson, NC

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Wed, 02/29/2012 - 21:34 Permalink
lisa (not verified)

I received a citation to discover assets requesting to produce tax returns. which is not a problem. i havent worked for the past 6years. My husbands truck is also in my name as a co-signer. He has about 5 payments to go before its all paid off for. Can they take the vehichle even if its under joint ownership??

Tue, 03/06/2012 - 02:24 Permalink
Louise Davis (not verified)

I can not pay my credit account bill. The cc says I owe them $2000. I do have ss and retirement. I am I at risk for garnishment.

Wed, 03/07/2012 - 03:25 Permalink
shirley (not verified)

I owe a credit card debt and cannot pay it since they reduced my social securty check and I receive a retirement pension from the city and a windows check not much my total income is only 890.00 a month I rec a letter from the lawyer and said I must pay or i go to court what can they do I own a mobile home i live in can they take it and my car? they wanted to settle but I cannot hardly live on this amount help please i live in ohio

Tue, 04/24/2012 - 14:35 Permalink
Deannon (not verified)

My husband can pay his cards and he works only part time at a grocery store. Will they garnish his wages which isn't must. Will they take money out of anaccount that we share?

Wed, 05/02/2012 - 01:24 Permalink
Kathyrose (not verified)

Hi,
I live in NY and just found out that I DO NOT have any Judgements or liens on my(over 10 years) credit card debts.
However I know before March of 2013 next year, we have to have our check sent directly to a automatic deposit account. The fact that I still get phone calls and letters in the mail from Collection Agencies do they have the right to freeze my account?

Mon, 05/07/2012 - 15:03 Permalink
randy warrick (not verified)

property in deceased father name can i be forced to sell to satisify

cival judgement of $11,000 i am 68 s,s, income only no other assett

Fri, 05/18/2012 - 22:00 Permalink
mike C. Bodine (not verified)

Hi there, update me please!
I have soc. sec. retirement cheack and a state workers retirement check as my only income which each month is direct deposit in my bank account. I have no other income and am over 65. Can a credit card company garnish my checks?

Sat, 05/26/2012 - 20:23 Permalink
cc (not verified)

hi my wife and I just bought a used car with no money down . We are both on the title and a collection company tired to garnish her wages she is not working she is on social security they tired to freeze her bank account and they could not because of her social security checks can they do anything to the car with both names on the title and no vaule on the car because we just bought it.

Sun, 06/03/2012 - 15:58 Permalink
abhinav (not verified)

I have a got a call from someone called first credit review they are asking me to pay 900$ as i signed for gold gyms 3 year membership...i dont have any social security number and i dint give my bank details to the gym...should i still take it seriously will my credit be effected they only have my name with them..

Fri, 06/08/2012 - 22:29 Permalink
Christiane brady (not verified)

social security is my only income; I am disabled; I am on government subsidized housing; I need medical treatment that I cannot afford; a collection agency is suing me for $1,160. What can I expect from the collection agency

Sat, 06/16/2012 - 15:13 Permalink
Beverly McClure (not verified)

My only income is social security..because of the economy I owe several debts that are pressing me for money..should I write and tell them my only income is soc.sec. and send a bank statement to prove it..or just let them take me to court?

Mon, 06/25/2012 - 14:47 Permalink
harold (not verified)

i am 897 yrs old, and work part time to help our expences. my wife and I both are on social secueity.My house is in a reverse mortage with

wells
fargo.I have two credit cards, with a combinded balanc od app. 9000,. Can the credit card co. make me pay them if our only income is

ss

Sat, 06/30/2012 - 12:45 Permalink
Anonymous (not verified)

file for bankrupsty! they cant touch you then!!!

Sat, 06/30/2012 - 16:54 Permalink