can Social Security or Government pensions be Garnished?

Question

Unsecured Credit Card Debts

Answer 1

Only the I.R.S. has the power to do this.

If it's any one else they would have to wait until the money was deposited in your bank account before they could take it.

Answer 2

Social Security benefits and Government Pensions can NOT be garnished by anyone other than the IRS, federal government, or for child support and/or alimony obligations. Even when it is deposited into your bank account, and both are clearly marked SS or Pension, which they will be using normal banking practices, then they CANT be touched. HOWEVER, you should not put Social Security income or Pension income into the same bank account as other income, as a creditor could freeze the account, and then you cant touch your SS or Pension thats in your account. I have 2 accounts. 1 is for my SS and Pension income, and the other is any other income. That way, I know my gov't income is safe from being frozen.

BELOW IS THE EXACT INFORMATION COPIED FROM THE SOCIAL SECURITY WEBSITE:
Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:

Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;

Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;

Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;

The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and

The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.


The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account.

If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed.


NOTE: Supplemental Security Income payments cannot be levied or garnished.

Answer 3

Only for child support, back taxes and federal loans.
Everything else, no.
Once a Social Security check is deposited it is still protected from garnishment. If the funds are clearly marked as SS benefits it cannot be touched.
http://www.socialsecurity.gov/deposit/DDFAQ898.htm

Answer 4

Nope!
However, once it's deposited in a bank account, it's like any other cash.