This question came from a viewer and the video is from a longer webinar we did. Thought it would be helpful if you are in this situation of having Social Security money coming in but facing a judgment — very natural to wonder if your Social Security money can be garnished.
The way we get garnished is if we have a judgment against us.
That means that we lost our case and the debt collector has garnished our wages.
Assuming that we’re talking about SSDI (Social Security Disability Insurance), the answer is no.
We can’t be garnished on our social security check, or any funds in our bank account that are “protected.”
However, if we have birthday money, or maybe some of our spouse’s income in our bank account with our social security check, then it’s complicated to say that the debt collector has grabbed “protected” money out of our account. The money gets “co-mingled” or mixed up together in the account.
If you believe that the money that has been garnished by the debt collector is your social security check, then you should either contact a lawyer or let the court know, as normally this would be improper and may allow you to sue the collector who is taking your social security money if they knew it was protected.
There are various procedures that you can go through to fix that.
If you have any questions and you live in the state of Alabama, call us at 1-205-879-2447.
I look forward to talking with you.
Have a great day!