QUESTION
Can a Collection Agency garnish a Social Security Disability Check?
Asked on Feb 09th, 2014 on Bankruptcy - New Jersey
6 ANSWERS
No, a collection agency cannot garnish a Social Security check. Social Security funds are 100% exempt under state and federal law. The only creditor who can garnish Social Security is the Internal Revenue Service.
Answered on Feb 11th, 2014 at 3:15 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally not.
Answered on Feb 11th, 2014 at 1:33 PM
No. And they cannot garnish a bank account if the funds in the account came from social security. The anti-assignment provisions of the social security act apply to the award of benefits and to the proceeds as well.
Answered on Feb 11th, 2014 at 1:33 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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Social Security disability payments are immune from seizure by any private creditor.
Answered on Feb 11th, 2014 at 1:32 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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No. Social Security benefits are exempt in Missouri. However, your bank account is not exempt.
Answered on Feb 11th, 2014 at 1:32 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
No, Social Security is not garnishable.
Answered on Feb 11th, 2014 at 1:31 PM