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  1. #1
    BigBird0000 is offline Junior Member
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    May 2011
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    Angry State Tax Agency Garnish Social Security

    What is the name of your state (only U.S. law)? AZ

    I was an arizona resident for a few years. (now I am in Nevada) The Arizona Department of Revenue now claims I owe money for past taxes. I say I owe about $1600, and they have $3400. My only income is Social Security Disability Income (myself and spouse).

    Can AZ DOR garnish my Social Security check? AZ DOR is not a federal agency, so I am not sure where I stand.

    I filed an Offer In Compromise, and they say my OIC doesn't qualify because my Collection Information Statement reflects the ability to pay, and does not meet the criteria set forth in ARS §42-1004.B. My OIC was for $300(about 20% of what I agree I owe, less than 10% of what they say I owed).

    I have about $3/month left over from our SSDI checks, after paying for auto, housing, food and medical. I already have thousands of medical bills that I owe, and I put off getting medical treatment because I don't have the money to pay my copays.

    My letters, and proof to them has just been ignored.

    Can AZ DOR take my money that I need to live and support my Kids?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by BigBird0000 View Post
    What is the name of your state (only U.S. law)? AZ

    I was an arizona resident for a few years. (now I am in Nevada) The Arizona Department of Revenue now claims I owe money for past taxes. I say I owe about $1600, and they have $3400. My only income is Social Security Disability Income (myself and spouse).

    Can AZ DOR garnish my Social Security check? AZ DOR is not a federal agency, so I am not sure where I stand.

    I filed an Offer In Compromise, and they say my OIC doesn't qualify because my Collection Information Statement reflects the ability to pay, and does not meet the criteria set forth in ARS §42-1004.B. My OIC was for $300(about 20% of what I agree I owe, less than 10% of what they say I owed).

    I have about $3/month left over from our SSDI checks, after paying for auto, housing, food and medical. I already have thousands of medical bills that I owe, and I put off getting medical treatment because I don't have the money to pay my copays.

    My letters, and proof to them has just been ignored.

    Can AZ DOR take my money that I need to live and support my Kids?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
    This comes directly from the SSA website:

    No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

    Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.
    Now if you have money from other sources as well, you've got a problem.

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