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Is Social Security exempt from a garnishment judgement?

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Laser

Junior Member
What is the name of your state (only U.S. law)? Arkansas

I have received a court summons from a credit card company for amount of $3,100 about 10 days ago.
I have already answered, but i'm more than certain the creditor will win a judgement and possibly a garnishment.

the last three years of my life has been quite dramatic; I have lost my job, was divorced and lost my source of income, and diagnosed with congestive heart failure and I can’t find another job. I only have in my possession a 2005 GMC pickup. It is really hard to find employment at 67 years of age.

I currently only receive my social security in the amount of $850 and a veteran’s check for $225 each month. By the time I pay rent, utilities, and groceries, I barely make it from payday to payday. That doesn’t include unexpected expenses.

Can the creditors freeze my bank account if that is all I have for income is my SS and Veterans Pension. That would practically leave me homeless.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Arkansas

I have received a court summons from a credit card company for amount of $3,100 about 10 days ago.
I have already answered, but i'm more than certain the creditor will win a judgement and possibly a garnishment.

the last three years of my life has been quite dramatic; I have lost my job, was divorced and lost my source of income, and diagnosed with congestive heart failure and I can’t find another job. I only have in my possession a 2005 GMC pickup. It is really hard to find employment at 67 years of age.

I currently only receive my social security in the amount of $850 and a veteran’s check for $225 each month. By the time I pay rent, utilities, and groceries, I barely make it from payday to payday. That doesn’t include unexpected expenses.

Can the creditors freeze my bank account if that is all I have for income is my SS and Veterans Pension. That would practically leave me homeless.
Neither Social Security nor Veteran's benefits can be garnished by commercial creditors. Those benefits can only be garnished for government debt. They can levy your bank account, but as soon as you prove that the only money in the account is from Social Security and Veteran's benefits they will have to unfreeze the account.
 

Laser

Junior Member
how?

Neither Social Security nor Veteran's benefits can be garnished by commercial creditors. Those benefits can only be garnished for government debt. They can levy your bank account, but as soon as you prove that the only money in the account is from Social Security and Veteran's benefits they will have to unfreeze the account.

How would I go about proving the only income i receive is my SS and Veterans Pension? thank you in advance.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Arkansas

I have received a court summons from a credit card company for amount of $3,100 about 10 days ago.
I have already answered, but i'm more than certain the creditor will win a judgement and possibly a garnishment.

the last three years of my life has been quite dramatic; I have lost my job, was divorced and lost my source of income, and diagnosed with congestive heart failure and I can’t find another job. I only have in my possession a 2005 GMC pickup. It is really hard to find employment at 67 years of age.

I currently only receive my social security in the amount of $850 and a veteran’s check for $225 each month. By the time I pay rent, utilities, and groceries, I barely make it from payday to payday. That doesn’t include unexpected expenses.

Can the creditors freeze my bank account if that is all I have for income is my SS and Veterans Pension. That would practically leave me homeless.
If the creditor wins a judgment against you, your bank accounts could potentially be frozen temporarily while financial information about you is gathered. It appears that your money will be safe from garnishment, though, if your only bank deposits are exempt funds.

There is, in almost all states, free or low cost legal assistance available for senior citizens, and there is free or low cost legal help available for veterans. I recommend you take advantage of these resources and find an attorney now to attend the court hearing with you. In the meantime, I suggest you keep on hand cash enough to see you through a few days that the money in your account might not be available to you.
 

Laser

Junior Member
Thank you very much. You have been very helpful!!!!!!

if the creditor wins a judgment against you, your bank accounts could potentially be frozen temporarily while financial information about you is gathered. It appears that your money will be safe from garnishment, though, if your only bank deposits are exempt funds.

There is, in almost all states, free or low cost legal assistance available for senior citizens, and there is free or low cost legal help available for veterans. I recommend you take advantage of these resources and find an attorney now to attend the court hearing with you. In the meantime, i suggest you keep on hand cash enough to see you through a few days that the money in your account might not be available to you.
thank you!!!!!!!
 

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