QUESTION
If I have some payday loan advances out, can they garnish my social security if I don't pay?
Asked on Mar 10th, 2015 on Bankruptcy - Colorado
More details to this question:
They have filed with their attorney. What are my rights for that?
8 ANSWERS
Social Security can not be garnished. You may have to prove to a judge that the money in your bank account is from the Social Security Administration.
Answered on Mar 16th, 2015 at 2:29 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, social security is exempt from garnishment. Even the bank account where you deposit the SS is exempt. However, you might have to prove it.
Answered on Mar 16th, 2015 at 4:20 AM
Although social security is protected by federal law from being taken by creditors with a court judgments, it is possible to do some foolish things that will ruin this protection. Under a doctrine called comingling, if you deposit money from any source other than social security, including unidentifiable cash, all your protection can be lost. I urge you to meet with your bank manager for guidance about the policies of your bank and bank elsewhere if you don?t like their policies.
Answered on Mar 13th, 2015 at 12:15 PM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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Social Security income is generally exempt from attachment. You should contact an attorney in your area to determine the consequences related to pay day loans. If you provide checks that subsequently are dishonored, there may be other consequences.
Answered on Mar 13th, 2015 at 9:54 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Only the government can garnish wages in NC.
Answered on Mar 13th, 2015 at 9:00 AM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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No one but the United States can seize Social Security payments. If a creditor knowingly seizes such funds, it is a violation of Federal Law. You need to contact an attorney to discuss this matter. The lender may try to take the funds believing that it can get away with the violation. Everyday, creditors violate the law and get away with it. Not all creditors, just some. You never know which ones they are until it happens.
Answered on Mar 13th, 2015 at 4:19 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally speaking, social security payments are not subject to garnishment. But if you are sued, you will have to raise that point to the judicial officer who presides. Good Luck.
Answered on Mar 12th, 2015 at 4:36 PM
Derek W. Freeman
If your only source of income is Social Security, it is exempt. That doesn't mean that your creditors can't obtain a judgment against you. But even if they do, they won't be able to collect so long as your only source of income is exempt. However, if you have a windfall and come into some money, they will be able to collect whatever portion of that windfall is non-exempt. If you have other non-exempt assets (like real estate), there is a chance that these creditors can place a lien on your home. The only way to get rid of these debts for good is to get them discharged through bankruptcy.
Answered on Mar 12th, 2015 at 4:35 PM