Question:

Is it legal for collection agencies or medical debts to garnish yor social security checks?

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I have a lot of medical debts, the only income I have is social security disability. This is what I live on. If anyone were to garnish my wages it would be a disaster.

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  1. I'm no Attorney but I believe that your wages can only be garnered by court order. Your debt is a private matter and shouldn't interfere with your social security.


  2. Hello Riggs,

    In this case, No.  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."

    However, section 6331 of the Internal Revenue Code of 1954 (26 U.S.C. 6331) which was enacted into law on August 16, 1954, after the enactment of section 207, gives the Secretary of the Treasury the right to levy or seize for collection of delinquent Federal taxes, property, rights to property, whether real or personal, tangible, or intangible and the right to make successive levies and seizures until the amount due, together with all expenses, is fully paid.

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