[Forearth]

Are credit card companies able to garnish social security monies... even with a judgment?
Are they able to take those monies from a bank account?

[ScottGem]

No to garnishing SS payments, Yes to taking the money from a bank account. They have no proof that the only thing in the account is your SS pmts. So they can freeze the account forcing you to go to court to vacate with proof that the only money in there is your SS pmts.

[mr.yet]

File Motion to vacate Garnishment pursuant to 42 USC 407(a) filing the motin will get you a hearing where you can present this evidence to the court.


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