Can credit companies garnish your pension and social security that you are receiving? 18 Answers as of June 02, 2013

If one is retired and receiving a pension and Social Security, can credit companies garnish your pension and social security that you are receiving?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Those are likely exempt under your state's statute.
Answer Applies to: Washington
Replied: 3/26/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
SS no. Pension yes.
Answer Applies to: Virginia
Replied: 3/12/2012
Debt Relief Law Center | Roger J. Bus
The Social Security Administration and most every pension I have seen will not honor garnishment requests. However, the tricky part comes after the money is deposited into the local bank and then that account garnished, Debtors have to go through the State District Court to get the money returned by proving only exempt or protected funds were taken- not always easy to do.
Answer Applies to: Michigan
Replied: 3/12/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Retirement plans are exempt from collection; social security is not.
Answer Applies to: California
Replied: 3/12/2012
J.M. Cook, P.A. | J.M. Cook
In NC, no, they cannot.
Answer Applies to: North Carolina
Replied: 3/9/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    They can't get the social security, but with effort they can get at the pension. If they levy on your bank account and you can prove there was only social security money in there, they have to give it back. I would have two accounts: one a direct deposit for social security and another one for the pension.
    Answer Applies to: California
    Replied: 3/9/2012
    Law Offices of Daniel Moulton
    Law Offices of Daniel Moulton | Daniel Moulton
    No.
    Answer Applies to: Illinois
    Replied: 6/2/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    As to the pension, it can depend on what kind of pension it is and the state where you live as to whether it is exempt from creditors. As to Social Security, that is not subject to creditors by federal law. If they try to garnish a bank account where the funds are deposited, you would have to contest that in the court where the judgment was entered, and the procedure to do so depends on the state where you reside.
    Answer Applies to: California
    Replied: 3/8/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Social security benefits are exempt. They cannot take this money. However, if they file a bank levy it will require that you object because the bank or creditor does not know that only social security benefits are being taken. Pension benefits can be levied from your bank account.
    Answer Applies to: California
    Replied: 3/8/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    No.
    Answer Applies to: Florida
    Replied: 6/2/2013
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    No. Social security income and most pension income is not available to creditors for garnishment.
    Answer Applies to: Massachusetts
    Replied: 3/8/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Generally not under federal and state law. However once they are placed in a bank account they may lose their identity and become cash.
    Answer Applies to: Michigan
    Replied: 3/8/2012
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