Debt collectors can't take your Social Security payments, but there are some exceptions.
In most cases, Social Security benefits are exempt from garnishment, which means debt collectors can't take them to pay off debts. This is because Social Security benefits are considered a priority expense.
However, there are some situations where Social Security benefits can be taken. If you owe back taxes, child support, or student loans, the government can take your Social Security benefits to pay off those debts.
This is a one-time deduction, not ongoing garnishment.
Your SSI Should Be Safe
Your Supplemental Security Income (SSI) benefits are generally protected from garnishment, except in rare cases. This means creditors, including the federal government, usually can't take a portion of your SSI payments.
SSI benefits are protected from garnishment to pay government debts or child or spousal support. This is because federal law specifically excludes SSI benefits from these types of garnishments.
There are very few cases when a creditor can garnish SSI payments. In fact, one of the article examples states that "very few cases" exist where a creditor, including the federal government, can garnish SSI payments.
Here are some benefits that are protected from garnishment, including SSI:
- Supplemental Security Income (SSI) benefits
- Social Security benefits
- Veterans benefits
- Federal Employee Retirement System
- Civil Service Retirement System
- Federal Railroad Retirement, Unemployment and Sickness Benefits
These benefits are protected because federal law requires all U.S. banks to protect them from creditors. This means that even if a private creditor gets a verdict against you, your bank has a responsibility to protect an amount equal to at least your last two months' worth of disability deposits.
Garnishment Exemptions and Exceptions
Most Social Security benefits are protected from garnishment, but there are some exceptions. You may be at risk of losing your benefits if you owe federal back taxes, federal student loans, child support and alimony, victim restitution, or other debts you owe the federal government.
Some debts can garnish your Social Security Disability Insurance (SSDI) payments, including federal back taxes, federal student loans, child support and alimony, victim restitution, and other debts you owe the federal government.
The following benefits are protected from garnishment: Social Security benefits, Supplemental Security Income (SSI), Veterans benefits, Federal Employee Retirement System, Civil Service Retirement System, Federal Railroad Retirement, Unemployment and Sickness Benefits.
Here are some exceptions to the two-month protection rule:
If a creditor or bill collector tries to garnish your Social Security benefits, they must go to court for approval. If they succeed, they can contact your bank with proof of the verdict to initiate the process.
Garnishment Exemptions Exceptions
Your Social Security benefits are generally protected from garnishment, but there are some exceptions. In limited cases, creditors and collection agencies may have other ways to try to collect the money you owe.
If you owe federal back taxes, federal student loans, child support and alimony, victim restitution following a criminal conviction, or any other debts you owe the federal government, your Social Security benefits might be at risk.
Some debts, like child support and alimony, may allow creditors or bill collectors to garnish your SSDI payments. In these cases, the government may deduct your owed amount before it deposits any payments into your account.
Here are some specific debts that may allow garnishment:
- Federal back taxes
- Federal student loans
- Child support and alimony
- Victim restitution following a criminal conviction
- Any other debts you owe the federal government
Exceptions to Protected
In some cases, even Social Security benefits are not completely protected from creditors. If you owe federal back taxes, federal student loans, child support and alimony, victim restitution following a criminal conviction, or any other debts you owe the federal government, a creditor or bill collector may be able to garnish your SSDI payments.
Some specific debts that may allow creditors to garnish SSDI payments include federal back taxes, federal student loans, child support and alimony, victim restitution following a criminal conviction, and any other debts you owe the federal government.
If you owe child support or alimony, the government may deduct your owed amount before it deposits any payments into your account, just like they would with income from a job.
Here are some debts that may allow creditors to garnish SSDI payments:
- Federal back taxes
- Federal student loans
- Child support and alimony
- Victim restitution following a criminal conviction
- Any other debts you owe the federal government
In some cases, the government may deduct your owed amount before it deposits any payments into your account, which is the same thing that happens when you receive income from a job and the government garnishes your wages.
Delinquent Support
If you owe child support, the government can take anywhere from 50% to 65% of your Social Security benefits.
This is because the federal government can garnish your benefits to enforce an unmet legal obligation to pay child support, alimony, or restitution.
You won't be given the opportunity to appeal to Social Security for implementing garnishment orders.
Your best course of action is to contact an attorney if you disagree with any garnishment action taken by the government.
Protecting Against Wage Garnishment
If you receive a garnishment notice, it's essential to follow the instructions and meet the deadlines to avoid losing access to your exempt funds. You may receive a notice before a creditor takes a portion of your income or freezes your bank account.
You can take steps to reduce the chances of having your benefits garnished, such as creating a budget that accounts for all income and expenses, prioritizing essential expenses, and minimizing unnecessary spending. Accessing financial planning and counseling resources can also offer valuable guidance.
Some benefits are protected from garnishment, including Social Security benefits, Supplemental Social Security Income (SSI), and Veterans benefits. These protections apply even if a company sues you and a court enters a judgment against you. If a collection agency threatens to take your Social Security income, it may be violating the Fair Debt Collection Practices Act.
Here are some benefits that are protected from garnishment:
- Social Security benefits
- Supplemental Social Security Income (SSI)
- Veterans benefits
- Federal Employee Retirement System
- Civil Service Retirement System
- Federal Railroad Retirement, Unemployment and Sickness Benefits
When Disability Payments Are Paid by Check
If you receive disability payments by check, you're not protected by federal law in the same way as direct deposits or payments to Direct Express cards.
Your bank may not be able to identify these deposits and shield them from garnishment or a bank freeze.
To prove that these funds are exempt from garnishment, keep a record of your deposit slips and other paperwork related to your benefit payments.
You may want to consider opening a separate bank account to keep your disability benefits separate from other sources of income, which can help protect them from creditors.
Protecting Against Wage Garnishment
If you receive a garnishment notice, it's crucial to follow the instructions and meet the deadlines to protect your Social Security Disability benefits. You may receive a notice before a creditor takes a portion of your income or freezes your bank account.
A garnishment notice should explain what you need to do to prove that your accounts contain exempt funds, so the bank can release them. If you don't receive a notice, contact the Social Security Administration as quickly as possible.
You can reduce the chances of having your benefits garnished by creating a budget that accounts for all income, including disability benefits and all expenses. Prioritize essential expenses and minimize unnecessary spending.
You should also be aware of your rights and responsibilities, including knowing the protections that disability benefits enjoy from garnishment. Understanding these protections can empower you to make informed decisions about your finances.
Here are some steps to take if your funds are frozen for garnishment:
- Note any pending checks or charges on your account.
- Avoid writing any new checks or making payments from the account while it's frozen.
- Notify the bank about your exempt funds and request that they lift the freeze or release these benefits.
Most creditors and debt collectors cannot seize your Social Security benefits, which are protected from garnishment by federal law. This protection applies even if a company sues you and a court enters a judgment against you.
Sources
- https://harrisguidi.com/can-social-security-benefits-garnished/
- https://www.consumerfinance.gov/ask-cfpb/can-a-debt-collector-take-my-social-security-or-va-benefits-en-1157/
- https://www.lendingtree.com/student/social-security-garnished-student-loans/
- https://www.bankrate.com/personal-finance/debt/can-creditors-take-social-security/
- https://www.bergerandgreen.com/faqs/can-a-bill-collector-garnish-disability-benefits/
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