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sandra19475 · Apr 17, 2009, 11:18 AM

Can the IRS garnish my social secruity check

tickle · Apr 17, 2009, 01:23 PM

If it is put in your bank by direct deposit, yes, because all the funds in your bank account are the same. Have the govt. send the cheque to your home address, cancel the direct deposit, so it won't be fair game to the IRS.

Tick

this8384 · Apr 17, 2009, 01:29 PM

I don't know if that's necessarily true, tickle. While SSI funds are generally exempt, some agencies are still allowed to take them. Here's an interesting thread on this very topic:
https://www.askmehelpdesk.com/bankru...ent-59091.html
Here's a specific post listing the law:
https://www.askmehelpdesk.com/bankru...ml#post1196358

tickle · Apr 17, 2009, 01:40 PM

Hi This! (hate calling you that). I think Judy once said, it can't be taken as long as you can prove a portion of your bank account was the benefits. But I don't know how you would go about doing that. I can't see the bank going back at your request and sorting out deposits.

Regards, tick

this8384 · Apr 17, 2009, 01:43 PM

Let's say I receive SSI. If someone wins a judgment against me in small claims, they can file to have my account frozen. If I don't write my bank and tell them that they can't release my funds because they're exempt, they'll hand them out.

However, the IRS doesn't fall under that category. The same way the courthouse can intercept someone's tax refund when they have past due fines, but I can't when they owe me money from a lawsuit.

It's stupid and biased, but they're the higher ups; they make the rules!