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Are Social Security benefits protected from garnishment in the State of Michigan?
Wiki User
∙ 13y ago
Federal Laws protect Social Security benefits in all 50 states, including Michigan. Only the Treasury Department may garnish your check, and only for limited reasons, such as:
- Unpaid child support
- Unpaid alimony
- Delinquent federal taxes
- Debit owed to other federal departments
Regular creditors may not garnish your Social Security benefits, but they have been known to freeze and levy recipients' bank accounts after the check has been deposited, or direct deposit made. If this happens, you will need to go to court to stop them.
One good way to protect your benefits is to open a bank account used solely for Social Security benefits, and use a separate account for any other forms of income you may have.
If anyone threatens to take your check, tell them such action would be a violation of Section 207 of the Social Security Act (42 U.S.C. 407).
Wiki User
∙ 13y ago
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Can a credit union garnish Social Security benefits for a default on a car loan in California?
No. All SS benefits are protected by federal law and are exempt from garnishment by judgment creditors.
Will I lose my retirement accounts or payments from social security if I file for bankruptcy?
Generally, no. Retirement accounts that are ERISA-qualified aren't considered property of an estate and cannot be taken. Social Security benefits are generally protected from assignment, or garnishment for debts in bankruptcy. The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. Once paid, the benefits continue to be protected only as long as they can be identified as Social Security benefits. For example, money in a bank account where the "only" deposits into the account are direct deposits of Social Security benefits are "identifiable" and generally protected.
Can your US Social Security Disability benefits be garnished in a civil landlord lawsuit?
If the question refers to a civil judgment for debt the answer would be no. All Social Security benefits are exempt from garnishment by creditors. If the question relates to child support obligations all SS benefits are subject to garnishment. In matters of personal injury awards depending upon the circumstances of the case SS benefits may subject to garnishment.
Can pensions be garnished by creditors?
Generally, no, but pension payments should be kept separate from other monies.Government provided benefits are protected from garnishment. Private pensions are also protected from garnishment in most states. However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.
Can my pension be garnished if I cannot pay my creditors?
Generally, no; but pension payments should be kept separate from other monies. Government provided benefits are protected from garnishment. Private pensions are also protected from garnishment in most states. However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.
Can an elderly person have her Social Security garnished because her car was repossessed and sold for less that what she owed on it?
No, ALL Social Security benefits are protected by both federal and state laws and are totally exempt from creditor actions. A creditor has other options than garnishment, if the person owns real property, although for most seniors any property will likely be protected under state laws.
Can your Social Security payments be garnished to pay credit card debt?
No. SS, SSD or SSI benefits are not subject to garnishment for creditor debt.
Can court order garnishment on social security?
Generally yes, HOWEVER they ARE subject to garnishment due to back taxes or for alimony or child support payments.Social Security and Garnishment: Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject:(1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and(2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation.
Can disability benefits be garnished in Arizona?
SSD and other Social Security benefits are exempt by federal law from garnishment by judgment creditors. The exception is IRS garnishment for tax arrearages and court ordered child support. Private disability benefits such as WIC are generally exempt as well, but state laws determine if they are exempted in total or percentage. Social Security benefits can and are garnished for past due child support. SSI cannot be garnished.
Can the IRS garnish your ssi back payments?
NO- SSI, Supplemental Security Income payments cannot be levied or garnished.But SSDI payments can be garnished by a Federal Government agency (IRS, tax, defaulted student loans).And if a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/426/related/1
Can Social Security wages be garnished to pay for a car repossession?
No, all SS benefits are exempt from garnishment or attachment for creditor debt of any sort.
I am going to receive SSI retroactive lump sum check. Can a credit card collector take this money?
No. Social Security benefits and/or public assistance benefits of any type are exempt from creditor garnishment.
