A friend of mine is 65 draws Social Security and can no longer pay his credit card bills.?

Question

Can the credit card companies garnishee his ss?

Answer 1

Nope.  Also, the term is "garnish".  "Garnishee" is what someone is when they have their check garnished.

Answer 2

Only child support, IRS, or government backed loans can garnish Social Security.  If the funds in the bank account are ONLY from Social Secuirty, they cannot attach the bank account either.  However, it the bank account has other funds mixed with the SS, they can take the bank account.

Answer 3

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The following benefits are exceptions and subject to garnishment:

(1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and

(2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation. Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

So in essence, the Answer would be NO to credit card debt.

Also they can not seize his savings or checking accounts if his check is direct deposit and is the only source of income. (which would be pr oven by the monthly statements which would show where the funds came from).

If he has any other source of income keep it separate and in a different bank account,  this income could be garnished.

Hope this is of help to you.

Answer 4

No. Social Security benefits are protected by law from garnishment for credit card debt.  Also the creditor cannot freeze your bank account that holds exempt income even with a judgment.  If they do, you should call the creditor's attorney and have them release your funds a.s.a.p.

Answer 5

No....SSI - SSDI cannot be garnished.....However, they may freeze his checking account though if they got a judgement....

Answer 6

I  believe  the  feds  only  process  garnishments  for  other  government  agencies  like  the  IRS   or   court  ordered  child  support   but  .  .   .

I'm  not  positive ,   he  should  call  and  ask  SS .

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