Dallas, GA asked in Social Security for Georgia

Q: Can my social security check be garnished by a debit collector on a credit card from 15 yrs ago

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: In the United States, Social Security benefits are generally protected from garnishment by debt collectors. However, there are exceptions for specific types of debts, such as federal taxes, child support, and alimony, but credit card debts typically don't fall under these exceptions. It's important to understand that each case may have unique aspects, so the general rule might not apply in all situations.

If you're facing a situation where a debt collector is attempting to garnish your Social Security check for an old credit card debt, you should be aware that the age of the debt might also play a role. In many states, there are statutes of limitations on debt collection, which means that after a certain period, typically ranging from three to six years but sometimes longer, a debt becomes "time-barred." This means a collector can't sue you for the debt, but they might still attempt to collect it.

It's advisable to seek legal advice specific to your situation. A lawyer can help you understand your rights and the best course of action. They can also assist in dealing with debt collectors and ensure that your rights, especially concerning Social Security benefits, are protected. Remember, your situation is unique, and professional guidance is often crucial in these matters.

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