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?

Annette Laskaris (not verified)

Can a credit card company Garnish my teacher's retirement check for unpais bills?

Mon, 11/23/2009 - 22:39 Permalink
Hanging on by … (not verified)

My husband died this year and had several credit cards that I was not aware of. I am in a mess financially and have been working out payment to cards that I had and used.

Can they attach my bank account when they were in his name only and only he used them?

Mon, 11/30/2009 - 18:42 Permalink
Need Help Also (not verified)

I will possibly be in the same situation as DannyJoes mom with Cap 1. My only income is SS disability and I fell into the Medicare medication gap early this year making me unable to pay my credit card that I was never late on until I was in the hospital with 2 heart attacks and additional medication for other conditions. I need more information before I get into a judgement situation like he explained his mom is in and lose the ability to get my meds and take care of myself. What should I do? Thank you

Thu, 12/03/2009 - 01:02 Permalink
Doug (not verified)

Myself and my two daughters have social security income,I also
have disability income from an insurer,plus I have started drawing
on my personal retirement.Yet the bank has garnished our account.
On the same day I recvd the notice in the mail, I called our bank and notified them, they placed a note on our account regarding the source of all our deposits and to watch for this attempt.I also the same day delivered a challenge to garnishment to the courts.A single phone call wiped out the account, "our account".

Sun, 12/06/2009 - 20:03 Permalink
debra (not verified)

cn an the credit card company garnish my social security disability check I live alone and that is my only source of income

Mon, 12/07/2009 - 03:27 Permalink
Beatrice Harris (not verified)

I'm unemployed and don't have enough money to pay all of my bills. I'm trying to keep my household bills paid and that's not easy. Have tried talking to the credit card companies but they want listen to me. What can I do?

Mon, 12/07/2009 - 21:39 Permalink
guillermo calvillo (not verified)

I receive Social Security and a small pension which goes to my checking account through direct deposit. Can I just change my deposits to my son's account at another bank and will be that keep my safe from any action against me?

Tue, 12/08/2009 - 02:49 Permalink

Hi guillermo calvillo

You can call 1 (800) SSA-1213 (1-800-772-1213) toll free number for Social Security between 7 am and 7 pm and ask them fro information regarding how to get the direct deposit changed.

You may also do so at their website where you can get the current direct deposit changed to another account of your choice.

You may visit their site here

Tue, 12/08/2009 - 10:18 Permalink
jaycee (not verified)

I own 2 houses. I live in one (only a few thousand $ in equity) and rent out the other. The rent I collect is less than my mortgage payment. I only have a couple thousand $ in equity on this house too. My only income is SS and $400 pension. I owe on two credit cards( $4000 each) and can no longer make payments. I was ok and paying but I have gone thru everything I had in my 401K. From your response to others, I know the cc companies cannot take from my ss or pension. But what about the rental income I get? Even if it is not enough to make the payment. If they can take this money and I can no longer pay the mortgage company should I let that property go into foreclosure? At this point in life I am not worried about my credit score

Tue, 12/08/2009 - 21:16 Permalink
jaycee (not verified)

I own 2 houses. I live in one (only a few thousand $ in equity) and rent out the other. The rent I collect is less than my mortgage payment. I only have a couple thousand $ in equity on this house too. My only income is SS and $400 pension. I owe on two credit cards( $4000 each) and can no longer make payments. I was ok and paying but I have gone thru everything I had in my 401K. From your response to others, I know the cc companies cannot take from my ss or pension. But what about the rental income I get? Even if it is not enough to make the payment. If they can take this money and I can no longer pay the mortgage company should I let that property go into foreclosure? At this point in life I am not worried about my credit score.

Tue, 12/08/2009 - 21:29 Permalink
Cheryl (not verified)

I have a credit card with wells fargo & a checking account with them also. I can't make payments on the credit card anymore. I'm not working but do get child support direct deposited. Can they go after my checking account. Should I change banks before I stop making the payments.

Sat, 12/12/2009 - 19:05 Permalink
Denise (not verified)

I recently had my bank account garnished by a lawyer that took over a medical bill from a doctor. He took everything I had and left me 100 dollars overdrawn. I received nothing from the lawyer or anybody else indicating he was going to do that. Can they do that with no notice to me? There was a judgement in July against me, and I had paid half of that. But continue to struggle due to illness. Now I don't know how to pay my mortgage or electric or buy food for now.

Sat, 12/12/2009 - 20:24 Permalink
big red (not verified)

I'm on disability and I want to know if I can not pay my credit cards..is my husband responsiable for them?

Mon, 12/14/2009 - 16:57 Permalink
mad (not verified)

I received a letter in the mail saying my wages will be garnished ands i have not received any documentation from this company about this debt. I no longer even live at the address. I have not been before a judge or had the opportunity to dispute the debt. What do I need to do?

Tue, 12/15/2009 - 00:47 Permalink
Ann (not verified)

my husband and I have a joint savings together, can credit card companies levy against joint accounts, when debt is only owed by one ?

Tue, 12/15/2009 - 01:48 Permalink
robin22134 (not verified)

my husband had social security plus my daughters ss with my money they took every dime including mine our account was frozen for 3 weeks called the card company they told me to wire them the amount how can i wire them the amount if they have me account frozen was told get a lawyer, with what ? why i still can't get my money back

Thu, 12/17/2009 - 02:00 Permalink
Watchman (not verified)

My wife and I were discussing that the economy may fail soon...groceries are costing more. I have little money to work with, and I am curious what can happen after garnishment of wages? or bacnk accounts? Will they take you to jail if you can not pay? Should I declare bankruptcy if it comes to that? What is the end game with CC companies...when do they write off the debt? Where is the line drawn as you can not get blood from a stone?

Wed, 12/23/2009 - 04:45 Permalink
windchimes (not verified)

my house was foreclosed on ,my husband lost his job ,had surgery and has been out of work since 2008 can wells fargo make me pay 115,ooo dollars when i make the only money in the family,i support 3 people and i make a little more than minimum wage,after i pay bills there is no money left, a debt collector called me at work demanding money ,i have received no court papers

Wed, 12/23/2009 - 05:59 Permalink
irv (not verified)

can they take my auto if i do not pay my credit card bills?

Sun, 12/27/2009 - 22:59 Permalink
shella51 (not verified)

can a bill collector garnish a checking account if you deposit your social security check in it?

Wed, 12/30/2009 - 16:54 Permalink
shella51 (not verified)

if your home is paid for and you file bankruptcy can they make you sell your home?

Wed, 12/30/2009 - 17:06 Permalink
joseph miserendino (not verified)

do the credit card companies have to right to call and
harrass you on holidays, such as christmas & new years.
they also bother me 8:oo am Sunday mornings!!
What are my rights?

thank-you

Sat, 01/02/2010 - 00:37 Permalink
sammie (not verified)

i have 2 cc with 11000 cannot pay they are only in one spouses name can they touch the joint savings or checking or is there a way to protect that money from them recent unemployed need for emergency

Mon, 01/04/2010 - 20:14 Permalink
brittany (not verified)

i live in texas / only income is from social security disability and my husband va disability put into our bank account. can they touch bank account

Tue, 01/05/2010 - 18:35 Permalink
evonne (not verified)

i haven't an answer yet. i have been making payments to the va. gov. for back taxes. i missed a payment,now they say they want the entire $2,000 now. my only income is ss check. can it be garnished?

Fri, 01/08/2010 - 01:02 Permalink
Bell (not verified)

my credit card company garnishment my bank and took out a
large amount of money from my social security check and it
bounce and I had to go and borrow some money to pay the bank.
I talk to the bank and they told me they could not do anything
about it because it came from the main office. now I am in a bind
I can barley pay my mortgage. Is there any help for me.

Sat, 01/09/2010 - 01:40 Permalink
Rita Pecbot (not verified)

I understand that creditors cannot garnish SS benefits, but can they garnish retirement pension benefits when retireing from a company.

Wed, 01/13/2010 - 02:28 Permalink
bstreet (not verified)

I have an old judgement not included in a two year old bankruptcy. my income is from ss and a small private pension can the small pension be garnished?

Sat, 01/16/2010 - 16:08 Permalink
Guest (not verified)

We lost 2 businesses and have a substantial amount of credit card debt. We rec. state retirement checks and my husbands social security check. We have a home in another state as well as the home we live in year round. The only funds we have are these retirement checks and social security. The threats are starting from credit card companies. We can not sell the homes as we owe more on them than they are worth due to the recession. Are our retirement checks and social security checks safe from garnishment? Can our home(s) be levied on and sold out from under us ???? We are close to foreclosure on them at this time.

Sat, 01/16/2010 - 20:47 Permalink
Kansas Girl (not verified)

How can a creditor continue to take from my bank account if my only deposits are my child support and my student loan checks? I owe them $7,000 will they continue to take every deposit until they collect the entire amount?

Sat, 01/16/2010 - 22:11 Permalink
Andrea kehn (not verified)

i was wondering if a credit card company can take incomes taxes from you if you have a judegment brought against you?

Wed, 01/20/2010 - 14:54 Permalink
doug andrews (not verified)

i am unable to pay off my credit card bills..five cards the highest being 1500 dollars..all of my bank account consists of retirement payments..i do not work...can the cards attach my bank account. i live in texas

Thu, 01/21/2010 - 20:56 Permalink
Joseph OS (not verified)

I live in N.J.and i have a judgment against me.I get SS and have 3 small pensions can they levy my pensions?

Sun, 01/24/2010 - 21:27 Permalink
othel (not verified)

I have no job, and I am looking constantly. With no un-employment benefits, I have run my bank account and savings dry, and now cannot pay my bills. I want to and intend to get back on track when I find a job (hopefully soon), but until then the calls are coming, and, honestly, I have avoided them for a couple of weeks. I know I shouldn't, so should I answer the calls and be honest with them? I have heard that it might not be a good idea, but I do not like evading my debts, and I want to start paying on them again when I am able. I am at a loss for what to do, and need some good advice. Thank you.

Sun, 01/24/2010 - 23:02 Permalink
Moe (not verified)

They say that a summons and complaint has been filled on a consumer credit transaction asking the court. To render a judgment against me and I can contact a attorney and I must answer at the location and within the time specified on the summons .(I didn't see any time or date!!) and if I don't appear in court the court may grant a judgment against me if a judgment is granted against me my prooperty can be taken ,part of my pay can be affected . Now I don't have any property all what I own is a small car and that all I got to go to work . Can they take it? Or can they take some of my only income paycheck ? What I have to do please i need your recommendation carol!!!!! Thx.....

Mon, 01/25/2010 - 12:36 Permalink
maureen (not verified)

Can a credit card company put a lean on my bank account without any form of notice to me.I live in n.j.?

Sat, 01/30/2010 - 20:13 Permalink
mcmasehere (not verified)

I live in NC and my husband was laid off for 6 months. He is back to work now but his pay is $1000 short per month. He recieves VA disability and military retirement plus his work check. We are paying everything but we have $15,000 in unsecured credit card debit. We have been paying $10 and $20 a month to them but they want more.
Can they garnish my husbands Pay if he works in NC? Can they garnish his retired military pay or VA disability? We are trying to do the best we can but playing catch up is hard especially with all the fees they have added on.

Mon, 02/01/2010 - 14:05 Permalink
nancy (not verified)

is a pension from my husband's job he retired from, the same as retirement pay ?

Tue, 02/02/2010 - 21:55 Permalink
Sally6201 (not verified)

I dont have a job but my husband does. We have a joint checking account and all the money is from his paychecks. If I have a judgement filed against me can they freeze my bank account if it is joint.? If they can then I should remove myself from the checking account.

Tue, 02/02/2010 - 22:15 Permalink
paula (not verified)

can a judge allow credit card compaines take my social security

Thu, 02/04/2010 - 02:30 Permalink
Ann (not verified)

can credit card companies garnish social security or private pension programs?

Thu, 02/04/2010 - 04:03 Permalink
sandie (not verified)

Ihss has lowered my hours and I cannot pay my credit cards, I am currently only sending some $20 and another $25 , Can they garnish my IHHS check, I have no car and no checking acct, The interest is so high on these cards I will never finish paying in my lifetime.

Fri, 02/05/2010 - 02:42 Permalink

Hi Paula and Ann,

I must say that nobody can garnish social security and private pensions. Under the state laws nobody is allowed to garnish the social security and private pension.

Fri, 02/05/2010 - 11:40 Permalink
Guest (not verified)

Hi Sandie,

If you owe debt to a creditor, and you are unable to pay him, there are chances that the creditor may sue you and win a wage garnishment. So rather than avoiding the creditor talk to him. Tell him that currently you are facing problems and request him to a repayment plan. This will help.

Fri, 02/05/2010 - 12:42 Permalink
mike110 (not verified)

close that acc and have your husband get one in just his name

Sun, 02/07/2010 - 17:40 Permalink
Lil (not verified)

My husband and I are retired and live on ss benefits and a small pension and are renting a condo, it has gotten mold and mildew in it no matter how much we clean it and the owner is threatening us if we break lease that he will attach to our only income (ss and pension). Can he?

Wed, 02/10/2010 - 21:10 Permalink

Hi Lil,

Social Security benefits cannot be garnished. Section 207 of the social security act, protects social security benefits from garnishment. Pension is also exempt from garnishment. However if you deposit the pension amount in a bank, it may get garnished. So it's better not to deposit the pension amount.

You should also inform the bank where you have an account, that your money comes from social security.

Thu, 02/11/2010 - 06:02 Permalink