What Form 843 Garnishment 2011-2024

Special issues in debt law: Can debt collectors garnish Social Security? Brought to you by Your Legally Calm - Your Advantage. If you're being sued by debt collectors and you are an elderly or disabled American, or receiving Social Security for any other reason, you may fear that debt collectors could seize or garnish your income from Social Security. Most of the elderly and disabled individuals rely heavily on that money, so can debt collectors take it? The short answer is no. Section 207 of the Social Security Act states that none of the money paid or payable shall be subject to execution, levy, attachment, garnishment, or any other legal process. In simpler terms, debt collectors cannot use legal measures to take away Social Security payments. However, there are more factors to consider before truly relaxing. In real-life practice, the answer is a bit more complicated. Let's consider how money is seized or garnished. It starts with a lawsuit; nothing happens without that. After obtaining a judgment, debt collectors often ask you to pay. They may send you a letter essentially demanding payment. It's important to note that they don't have to ask you first; they could directly move to the next step, which involves looking for your assets, jobs, bank accounts, and other sources of income or property you own. Generally, debt collectors are lazy, or perhaps efficient is a better word. They often first ask you for the money, and if that doesn't work, they usually don't put much effort into searching for money because they know many of their victims don't have accessible funds. However, some debt collectors are very determined, so it's essential to be prepared for the possibility that they will take further actions. When debt collectors are successful in finding their debtors, they often serve notice...