[scatcynthia]

My only source of income is Social security and a past creditor has put a garnishment on my checking acct... is that legal (credit card)

[gazelleintense]

Can creditors garnish my Social Security retirement check ?

Looks like they can't. Hope this helps.



How did they get access to your account? Court order or did you give them access/info about it?

[mr.yet]

Send a notice to your bank of the following:

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.

Also File notice with the court that granted the garnishment, MOtion to Quash garnishment pursuant to 42 USC 407(a)

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"

Once you notify the bank of this if they release the funds in the account they can be held accountable.