My mother applied for 10 credit card accounts and maxed them out. She's on social security only as her income. She's been paying a consolidator to pay most of them, but now she needs all of her money to move into an assisted living facility. Can the debtors take her social security out of her bank account if she doesn't pay those credit cards? What if I deposit a check in her account once in awhile for groceries or whatever, can they take that money? How do you avoid garnishment in advance without any surprises. Her bank charges very high NSF fees. What should be we do to prepare?

They can not garnish the actual check, once it is in a bank account, they merely see bank account, and will freeze all the money in that account pending attachment of that money. You have the right at that point after it is frozen to appeal the taking of the SS money. I would basically not have the check direct deposited, or put into an account in your name only. If she can do without a checking account and use things like prepaid VISA cards that they sell at Walmart and other locations

You must notify the court that the funds in that account are Social Securityand a copy to the bank as well. If you don't say anything they will take it.

Safe from Garnishment



Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT__________________

As Mr Yet said, you can inform the bank that only SS benefits go into the account and are therefore exempt from attachment. This would prevent them from accepting a garnishment order. But it also means you can't put anything besides the SS benefits in the account.