Can Social Security and retirement income be garnished?

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

Aaron

Hi Diana,

Social Security and alimony cannot be garnished. However, all these depends on the state laws too. Thus, you need to check out your state law on garnishment on received alimony and social security.

Thanks,

Aaron

Fri, 04/09/2010 - 07:48 Permalink
georgia55 (not verified)

I get a postal retirement check and I want to know if this check can be garnished or sued for a debt. This is my only income and I live in Tennessee. Thank you.

Sun, 04/11/2010 - 21:32 Permalink
Aaron

Hi Georgia,

Generally speaking, retirement pay cannot be garnished. However, it can be garnished for alimony purposes and for child support. Garnishment laws also vary according to the state. Thus, you can check your state laws on garnishment.

Thanks,

Aaron

Tue, 04/13/2010 - 12:04 Permalink
if you receive… (not verified)

We signed for a car for our grandson and he could'nt make the payment when he lost his job. We turned it back in voluntarily, and have made monthly payments for what they could not recover. We are on social security and retirement with a parttime job. Can they garnisher our earnings.

Fri, 04/16/2010 - 00:19 Permalink
Josh Smith (not verified)

Hi,
recently a credit card company began garnishing my account for an unpaid debt I had (about 4800). The trouble is I do americorps and that's my only income. Also I thought americorps was govt. so am I exempt for garnishment? Does it matter that I received a summons the day after they began taking from my acct.?

Mon, 04/19/2010 - 16:25 Permalink
Aaron

Hi Guest:

Generally speaking social security and retirement payments cannot be garnished. However, you have said that you have already made the payments for the deficiency amount. Thus, can you tell as to why do you think that your account may get garnished?

Josh:

You need to go to the court and vacate this judgment. Show the proof that you received the summons after they have started garnishment.

Thanks,

Aaron

Tue, 04/20/2010 - 08:24 Permalink
Mickey B. (not verified)

I'm in deep dodo, I have an outstanding credit card debt of approximately 50k. I am having to give a Motorhome back to the lender Approximately 78K. This is all due to forced retirement and social security. I do not own real property or have much in the way of assets. If pensions and social security can't be touched, is it necessary to file bankruptcy ? I really have nothing to lose, except my 710 FICO.
Thanks for your time! Mickey

Tue, 04/20/2010 - 22:46 Permalink
Anonymous (not verified)

can the mortgage company or bank turndown my willingness to pay them on monthly pay plan? ...... and in doing so .... garnashi my retirement pay...

Thu, 04/22/2010 - 17:33 Permalink
marie trutter (not verified)

can my retirement benifit that i receive from my work be garnished when i retire for credit card debt

Fri, 04/23/2010 - 01:37 Permalink
edi (not verified)

have to retire due to medical issue can no longer pay mortgage can they garnish my pension

Sat, 04/24/2010 - 17:43 Permalink
kristin (not verified)

Hi,
I live in California and I am in debt for about 12,500$. I just finished school in january and have yet to find a job. I had been making steady payments about 80$ a month but last month I had to charge 5000 dollars for emergency vet bills now my monthly payment is a little under 300$. I have ran out of money and currently have no income. I will be able to pay this months bill but next month and probably many months after that I will not be able to pay them. Should I call them and try to to see if they are willing to work with me. I wouldn't be able to pay them more then a few dollars (no more then 20$). I have no idea when I will find a job. Is it worth contacting them or should I just let it go.

Sun, 04/25/2010 - 00:09 Permalink
JEANETTE (not verified)

HERE IN THE STATE OF FLORIDA, IF I GO TO COURT BECAUSE OF A DEBT OWED CAN THE JUDGE ORDER THAT I REPAY THE DEBT IF I RECEIVE RETIREMENT PAY FROM THE JOB I AM RETIRING FROM, THIS COMPANY HAS ALSO HARASSED ME ON MANY OCCASSIONS. CALLING MY JOB THAT I AM RETIRING FROM IN A MONTH.

Sat, 05/01/2010 - 00:34 Permalink
Jeannine (not verified)

My HB has credit cards in his name only, and because he can no longer pay on them, he has told me that they may/will come after my bank account, I have checking and savings, (it is in my name only) to pay off his credit card bills. I work full time, make about $15,000 a year, and his business has been failing for about the past 3 years with no real income, so we are living off my income and what little I have in the bank. We live in MN. Can you give me any advice? Should I take all my money out of bank ASAP? If they take all my money, we will no longer be able to make house payments.

Sat, 05/01/2010 - 15:49 Permalink
Jeannine (not verified)

I feel I need to clarify the above a bit more...my HB has been a self employed business owner for about 14 yrs., he has taken out many cr.cards over the years in his name only and charged on them. Due to the economy the business has been slow for the past 3 plus yrs. He paid on all of them faithfully for many years but no longer has enough income to do so, and made the decision to not pay on them any longer. He told me now that one of the co.'s either has or will be making a judgement, and he thinks they will come after my account that is in my name only, checking and savings. Only my income goes into this act. He has told me to take out all the money in that account asap so there is nothing for them to take out. Do you have any advice, I am not sure what to do. Thanks for your time!

Sat, 05/01/2010 - 16:15 Permalink
SELF67 (not verified)

I JUST RECEIVED A SUBPOENA OF QUESTIONS FOR A CREDIT CARD THAT I JUST FILLED OUT WITH ALL MY INFO INCLUDING CHECKING ACCT INFO. I AM A SINGLE MOTHER OF 4 CAN THEY GARNISH MY CHECKING ACCOUNT I ALREADY HAVE MY WAGES BEING GARNISH FROM ANOTHER CREDIT CARD.

Sun, 05/09/2010 - 00:08 Permalink
J.C (not verified)

how can they obtain your bank account if they don't have the account? can they just go to a judge and tell him, that they're going to do that? they did identity theft and since they have all my info can they actually do that?

Tue, 05/11/2010 - 00:20 Permalink
jwilso1818 (not verified)

I have read the post and understand that retirement and SS cannot be garnished except for a few reasons.

What if the spouse of the person receiving the penson is disabled and is receiving SSI and through a divorce is now receiving half of the pension. Can the spouse's portion of the pension be garnished? Also, if the spouse is receiving Long Term Disability from their previous employer's private optional insurance, can that be garnished?

Tue, 05/11/2010 - 02:38 Permalink
Traci rhodes (not verified)

If I am 74 and retired , own my own home and get a small pension and ssi can the credit card company sheriff sale my home for payment in the state of pennsylvania

Sat, 05/15/2010 - 20:10 Permalink
lois (not verified)

can my retirement and social s, check be taken. also can my checking account fund be taken? the state is california

Mon, 05/17/2010 - 21:52 Permalink
JUAN ENCINAS (not verified)

MY WIFE HAS CREDIT CARDS BILLS.WE ARE OK NOW BUT WE CAN'T PAY HER BILLS,WE BOTH WORK BUT DON'T MAKE THAT MUCH MONEY.THIS CREDIT CARDS ARE ONLY HERS.NOW I OWN THE HOUSE AND THREE CAR ALL PAY FOR. CAN THEY MAKE ME PAY FOR HER BILLS

Wed, 05/19/2010 - 19:01 Permalink
JOSE LLAURADO (not verified)

I HAVE DEBTS TO CREDIT CARD , MY NEW YORK STATE PENSION CAN BE GARNISHED?

Sun, 05/23/2010 - 12:13 Permalink
Charlie Shapiro (not verified)

Can Bank of America deduct overdraft fees from a Social Security check if this is the account holder's only income?

Mon, 05/24/2010 - 16:08 Permalink
DNA (not verified)

Can the State of CA Disbursement Unit (they collect for past arrears Child support) garnish my retails clerks pension. Can they garnish more than 25%?

Wed, 05/26/2010 - 04:28 Permalink
linbob (not verified)

can they garnish my so sec for unpaid credit card in texas my husband had a liver transplant and soc sec is all we have

Wed, 05/26/2010 - 23:18 Permalink
robert worley (not verified)

i am retired and i recently got a jugement against me for a credit card. i do not work and live on my pension. i live witn my fiance and both our names our on my checking account. can they take money from our account since her name is on it to?

Thu, 05/27/2010 - 00:18 Permalink
linda g (not verified)

I cant afford to pay our credit cards they went up to 23% Ive never been late or missed a payment and they wont come down
down on inst. Can my husband on disabilty & i have soc sec .
can they garnish our bank acct. this is where our soc sec checks
go . thanks

Fri, 05/28/2010 - 03:19 Permalink
Aaron

Hi linbob, Robert and Linda:

Neither Social Security nor pensions are garnishable. However, you need to check the laws on garnishment in your respective states. As for Robert, can you tell me whether or not your fiancé works? If yes, you can remove her name from the account, and ask her to open a new one, and deposit her money into the new account.

However, you all need to declare both to the bank, and the creditors or collection agencies that all your income comes from Social Security and pensions.

Thanks,

Aaron

Fri, 05/28/2010 - 12:08 Permalink
pearl (not verified)

can credit card companies garnish savings accounts for payment? i know they can garnish checking accounts if the funds are not social security payments. can they get money that is court-ordered alimony or child support?

Sat, 05/29/2010 - 23:16 Permalink
cindyloo623 (not verified)

I ALREADY RECEIVED 3 LETTERS 2 BY MAIL ONE WAS BROUGHT TO ME BY A LAWYER THE LETTERS SAID I NEEDED TO PRESENT MY SELF IN COURT I DIDNT GO I HAVE NO JOB AND I CANT PAY AT ALL I HAVE A BANK ACCOUNT WITH MY HUSBAND I OWE MONEY TO OUR BANK WHERE WE HAVE A BANK ACCOUNT CAN THEY TAKE OUR MONEY AWAY?

Mon, 05/31/2010 - 09:45 Permalink
Aaron

Hi pearl:

Credit card companies can garnish savings account too. Even Social Security can be garnished for child support and alimony.

cindyloo:

You were asked to appear in court. You have not appeared. As this was a asked by the court, you may be held in contempt of court for not appearing in the court.

The bank will be able to garnish your account, once they win a judgment against you.

Thanks,

Aaron

Tue, 06/01/2010 - 07:23 Permalink
Scottie (not verified)

Can a credit card company attach my wages if all I get is alimony and Social Security. I'm in Arizona. Thanks Scottie

Tue, 06/01/2010 - 21:34 Permalink
mikes (not verified)

my mother moved from arizona to live with me in california recently. Her credit card debts were acumalated in arizona and her only income is social security. can the creditors garnish her money from her bank account in Los Angeles. She has direct deposit from social security only. my mother owns nothing else. thank you mike

Wed, 06/02/2010 - 03:52 Permalink
Aaron

Hi Scottie and Mikes,

Social Security is non garnishable as per the rules of the Federal Law. No creditor or colection agency will be able to garnish Social Security. However, garnishment laws vary from state to state. Thus, you can check the garnishment laws in your state.

Scottie, wages can be garnished, but alimony cannot be. However, you should check the garnishment laws in regards to this.

Thanks,

Aaron

Wed, 06/02/2010 - 11:44 Permalink
Dee (not verified)

My bank account has been garnished for 4200 dollars and this means that they made my account overdrawn by 3400, I never received a letter or any notification that this was gonna happend, I don't even know who did it, when I called the bank, they said I have to call tomorrow because they were closed. I think it might be from a creditcard company from ten years ago. I have not heard from them in years. I do not have a job and I am a student, what can I do? I don't even remember having a creditcard for that amount, can I dispute it. I did not even get a court notice, just found out that they put a garnishment on my bank account today.

Tue, 06/08/2010 - 07:35 Permalink
Aaron

Hi Nina:

Social Security cannot be garnished. However, you will have to notify this to the bank, and also declare to the creditor or collection agency that money into this account comes from social security. SO, they are not supposed to garnish this account. If the creditor fails to comply to your request, you can complain about this to the Federal Trade Commission.

Dee:

You may not get served with a notice of the garnishment, but before the garnishment order gets passed, and when the creditor or collection agency is filing the lawsuit, they are required to notify you of this. As you have received no notice till now, you can file a motion to dismiss this judgment.

Thanks,

Aaron

Tue, 06/08/2010 - 11:11 Permalink
Tom2441 (not verified)

Can my Post Office pension be attached by a credit card company after the funds are deposited in my Post Office Credit Union account?

Sat, 06/12/2010 - 01:48 Permalink
Barb (not verified)

I can not make my credit card payments any more. What can the credit card company do to me? I own a house and car and I work. Will my children inherit my credit card debt?? I've never even had a late payment before, but now I am at the breaking point. I can not file bankrupcty because I have too much equity in my house. I'm single, 58 years old, and feel I will never be able to retire. What type of lawyer might be helpful for me to talk to???

Sun, 06/13/2010 - 15:57 Permalink
jimmy (not verified)

my wife and I are both on Social Security disablty the credit card companys filed a lawsuit againest us do we have a chase I know they can not guaruish our S S right.

Tue, 06/15/2010 - 21:14 Permalink
vajrayogini (not verified)

I'm on permanent disability now, but the employer's insurer is demanding $108,000 to pay them back for what they say I "owe" them. They never even paid me that much!!!! But they will not negotiate in good faith with my lawyer, and I have to pay over $1000 each month in legal fees. They just keep insisting they want $108,000 and they are now threatening to ruin my credit rating. CAN THEY TAKE MY 401k???????

Wed, 06/16/2010 - 04:43 Permalink
Aaron

Hi Tom:

No, money coming from your retirement cannot be garnished. Still, you need to check the state laws on garnishment.

Barb:

If you can't make your credit card payments, the creditors can sue you, and garnish your bank accounts. They can also put lien against your property. Your children may not be held responsible for paying your debts, but if lien is placed on your property, and you hand that over to your children, they will have to deal with it.

Jimmy:

No, they will not be able to garnish your Social Security income. However, you will have to notify your bank, and your creditors about this. You can try debt settlement to pay off the debt. This lowers the outstanding debt amount by 40-60%. The only way in which you can stop the lawsuit is by paying off the dues.

vajrayogini:

Can I know whether or not this 401k is from retirement and Social Security? If it is, then they will not be able to take it. However, for that you will have to notify your bank and creditors about that. Else, they may be able to take the money.

Thanks,

Aaron

Wed, 06/16/2010 - 12:21 Permalink
Michael S. (not verified)

I've heard that credit card companies cannot attach or garnish a business bank account. Is this true? live in Michigan.

Thanks, Michael S.

Sun, 06/20/2010 - 16:40 Permalink
Dana Dawn (not verified)

I have an outstanding credi card balance of $22,000. My payments are $425.00 monthly. Recently I realized that I can no longer pay them. I am buying my home, however the balance is $107,000. I contacted a credit counciling service, and they advised me to just quit paying the credit card. They told me there was nothing they could do to hurt me. I have no job, live on Social Security, have no other income, have no car and my Social Security just won't stretch far enough to make those payments. What would be best action to take.

Tue, 06/22/2010 - 13:42 Permalink
rudi (not verified)

A unsecured debt has been defaulted, debt collector has not
phoned or written me at all going on over 6weeks.
Can they automatically sue me and garnish my military
retirement check going into my checking account and that
is the only income I receive?

Tue, 06/22/2010 - 18:43 Permalink
little tom (not verified)

due to a soft heart and complete ignorance I signed a loan for my daughter to purchase a new car. she can no longer make payments.
we own nothing except one paid for car in my wife's name and live in a small retirement community. we have a joint checking account and our only income is from social security and company retirement. I plan to turn this car over to the lender as we cannot afford additional payments. can these funds or our bank accounts be attached and if so, do I need only one account in my wife's name.

Sat, 06/26/2010 - 18:38 Permalink
little tom (not verified)

due to a soft heart and complete ignorance I signed a loan for my daughter to purchase a new car. she can no longer make payments.
we own nothing except one paid for car in my wife's name and live in a small retirement community. we have a joint checking account and our only income is from social security and company retirement. I plan to turn this car over to the lender as we cannot afford additional payments. can these funds or our bank accounts be attached and if so, do I need only one account in my wife's name.

Sat, 06/26/2010 - 18:48 Permalink
abby (not verified)

My parents owed money fron credit cards from 2007, I tried to pay most of them but there was one which refused to give me the total so I did not pay. them, my parents live off SS benefits and has no properties, they currently live with me so they can get back on their feet slowly, a judgment against them was entered and the bank garnished their money which was money directly deposited from SS which I thought is not allowed, the bank refuses to return the money what can I do. ? We live in the state of Colorado

Sat, 06/26/2010 - 21:43 Permalink
depressedgagirl (not verified)

My bank account was frozen -- I had no clue what had happened. My power bill is due and so is mortgage. What do I do to keep from my electricity being turned off

Tue, 07/06/2010 - 22:39 Permalink