Q: Can social security be garnished for credit card debt in PA?
My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social security income) and use that $ to pay for home care assistance without fear that my Aunt's social security will be in danger of being garnished?
A:
While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.
To fend that off, most probably the debtor, and those helping her, will the need the help of a lawyer. Lawyers are expensive.
Just something for you and yours to consider carefully.
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