If you are being sued by creditors, can they garnish your social security disability check and or your bank account? 14 Answers as of August 23, 2017

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, they may not have any of your SSI benefits.
Answer Applies to: California
Replied: 8/23/2017
Stephens Gourley & Bywater | David A. Stephens
Your Social Security no, your bank account yes.
Answer Applies to: Nevada
Replied: 8/23/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
It depends on who the creditor is. If the creditor is a government agency, like a branch of the state or the federal government, the creditor absolutely can garnish your social security disability check. Once this check hits your bank account, unless the disability check is the only money that goes into this account, it can lose its protection from non-government creditors if you commingle money from any other source into this account. So do not deposit a birthday check or bingo winnings into your bank account, because one little mistake can make an otherwise protected account vulnerable.
Answer Applies to: Nevada
Replied: 8/22/2017
Benson Law Firm
Benson Law Firm | David Benson
SSDI is exempt from collection unless it is mixed with nonexempt funds. So keep it separate.
Answer Applies to: Ohio
Replied: 8/21/2017
OlsenDaines | Rex Daines
They can not garnish your social security but they can garnish your bank account. If they happen to garnish your bank account and the money in the bank was Social Security, then you will need to file a form called a "Challenge to garnishment" with the court to get your money back.
Answer Applies to: Oregon
Replied: 8/21/2017
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Social Security benefits are 100% exempt from creditors.
    Answer Applies to: Colorado
    Replied: 8/21/2017
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    They cannot garnish social security; however, if you have other funds besides social security in your bank account a creditor can put a lien on your account.
    Answer Applies to: Virginia
    Replied: 8/21/2017
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    No, ordinary creditors with unsecured claims against you cannot garnish Social Security benefits. Even once received, they are not allowed to garnish Social Security benefits. But if you have other money in your bank account besides Social Security benefits, yes it is possible for those funds to be garnished.
    Answer Applies to: Texas
    Replied: 8/21/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    A bankruptcy, of course, stops all garnishments. Generally Social Security payments are not subject to garnishment. Wages are subject to garnishment to over your state's exemption limit.
    Answer Applies to: Wisconsin
    Replied: 8/21/2017
    Ronald K. Nims LLC | Ronald K. Nims
    Only a few creditors can garnish a social security check: -child support -taxes -some other government debt. If all the money in your bank account is for SSDI, it can't be garnished.
    Answer Applies to: Ohio
    Replied: 8/21/2017
    Law Office of Kimberly Fives | Kimberly Fives
    Your disability income is exempt from creditors, subject to a few exceptions. Exceptions. The federal government can garnish your Social Security disability benefit to recover money owed to it, such as back taxes or defaulted student loan payments that have been guaranteed by the federal government. As for your bank account creditors can get a judgment to seize your account for monies owed.
    Answer Applies to: California
    Replied: 8/21/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Yes and no. A bank account yes, but if those funds are social security then no. You have to be able to show solely SSD.
    Answer Applies to: New Jersey
    Replied: 8/21/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    They cannot garnish SSI, but an account is fair game.
    Answer Applies to: California
    Replied: 8/21/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    Very few creditors can garnish social security disability, and it has to be a debt owed to the government or for domestic support. However, bank accounts can be garnished if you commingle social security funds with other funds. Therefore, it is a good idea to segregate the social security money from everything else and be sure that your bank knows it's strictly social security funds.
    Answer Applies to: Oregon
    Replied: 8/21/2017
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