Loma Linda, CA asked in Bankruptcy for California

Q: Can a creditor garnish my social security check after he sues'

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1 Lawyer Answer
Kathryn U. Tokarska
Kathryn U. Tokarska
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: Only certain types of creditors can go after the garnishment of social security checks, for example a creditor seeking payment for federal student loan(s). If this creditor is a credit card, the answer is no they cannot garnish the social security check. However, they can levy your bank account. When/if this happens, account will be frozen and you will be sent a letter notifying you that the account has been levied. In this letter will be instrutions on how to respond to the levy and claim the funds in the account as exempt. If source of all the money in the account is from social security, which is exempt, you will respond, claim the funds exempt, and the money will be returned to you.

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