Athens, GA asked in Business Law and Contracts for Georgia

Q: The company I owned and the d/b/a sued by a very good attorney for less than 100,000.

my only income is my social security - can that be garnished?

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1 Lawyer Answer

A: No.

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, levy or other withholdings by the federal government, except:

To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C. 659);

For certain civil penalties under the Mandatory Victim Restitution Act (18 U.S.C. 3613);

With a Notice of Levy to collect overdue federal taxes under Section 6334(c) of the Internal Revenue Code;

Through the Federal Payment Levy Program to collect overdue federal taxes by levying up to 15 percent of each monthly payment until the debt is paid under Section 1024 of the Taxpayer Relief Act of 1997 (Public Law 105-34);

To withhold and pay another federal agency for a non-tax debt you owe to that agency according to the Debt Collection Improvement Act of 1996 (Public Law 104-134).

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