Can Social Security Be Garnished?
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- เผยแพร่เมื่อ 14 ต.ค. 2024
- In this video we're talking about how and when your Social Security benefit can be garnished by debt collectors. There are some specific rules, but not all creditors follow them.
The back story...When a client asked me if Social Security benefits could be garnished, I had no idea of the answer. I was determined to find out, so I reached out to my friend John Ross, an elder law attorney at Ross & Shoalmire for a qualified answer. He said, “Social Security Retirement benefits and Social Security Disability benefits can be garnished…but only in very limited circumstances. Unless the creditor is the federal government, or the debt is for alimony or child support, a Social Security benefit can’t be touched.” This was good news for my client since medical bills certainly didn’t fall into any of those categories. However, it did make me curious enough to want to learn more about how these other debts are collectable. Apparently, although federal debts are subject to garnishments, not all federal debts are subject to the same rules on how a benefit can be garnished. This could be noteworthy, so here are the rules:
All Federal Creditors (except the IRS)
If you owe money to any federal agency, and it is 180 days delinquent, that federal agency can garnish up to 15% of your monthly benefit amount. However, the remaining benefit amount must be at least $750 per month. If garnishing 15% leaves you with less than $750 per month, the agency may only garnish the amount that exceeds $750 per month.
IRS/Tax Debt
For the IRS, the limit is also 15%. One BIG difference is that they can do this regardless of whether that reduces the amount to below $750.00.
Child Support/Alimony
For child support and alimony, the amount of the garnishment is limited to the lesser of the amount permitted under state law, or the federal Consumer Credit Protection Act (CCPA).
Under the CCPA, garnishment is limited to:
-50% of your benefit if you are supporting a child
-60% if you are not supporting a child
-65% if you are in arrears more than 12 weeks.
If your state law has lower numbers, then only the amount allowed by state law may be garnished.
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When my wife passed away I had collection agencies calling me trying to collect for her hospital bills, I told them to go to the cemetery and collect from her. They never called back.
My heartfelt condolences to you Sir! They should be ASHAMED of themselves! 🙏Prayers Up!
There used to be federal aid for hospitals in such situations. I don't know if it is still around. They and probably other similar resources require first a good faith attempt to collect on the bills
I'd tell them the same. Hope you are well.
Thank you for taking the time to post these videos. I know it’s not the same as speaking with an attorney but for those of us on small fixed incomes it sure helps with a lot of the small questions we have. Thank you
I just watched 2 videos made by attorneys and yours is much better. Banks are responsible for ensuring two months worth of SS payments remain in your account. Google (31 CFR 212.2) . This is the law and they cannot freeze or deny you those funds. This became law in 2011.
Good, solid information ..... nice summary too, not too long.
Good Video! Lots of good info to know. Thanks.
Thank you Devin. You are truly a God sent. God bless you in Jesus Mighty and Holy Name amen!
I owe the IRS back taxes, totaling around $30,000. I had a problem when I had to retire much earlier than I thought and some other things happen all at once. One note here. I got new truck borrowed the money from my 401K. I had back troubles and had to have screws and stuff put in my back. Went on Social Security disability. But failed to file my tax return, was taking pain pills and my mother broke her hip and other things happen about that time the year. Called the IRS and explained the problem. I was told to fill out a form listing my expense. I had no trouble listing expenses for more than the amount I was getting from Social Security. I offered to pay $100 a month but was told that they wanted $500 a month. Because there was no way I could pay that I don't pay anything. I don't own anything of value. They put a lean on me, if I ever get any money the IRS gets it!
Great video I’ve never heard of anybody going after social security
Crystal clear.. very informative. Thank you Sir!
Not if they want to stay "safe".
I would descend upon them like the Plague, well, actually with a Plague.
Social Security should truly be off the table to everyone . That was a contract one enters into by force, by the Government. What's the difference between the Government and the Mafia? Other than one is legal and the other is kind of a franchise, not a thing.
So are income taxes.
We never got to VOTE on their imposition.
@@bamahama707 they take your money every week at the end of year they say you still owe money I don't get it
Well that lets a person sleep a bit more sound ,,thanks👍
Devin Carroll: Thank you for all the information you provide! No! Really! ;- )
😀
Smack! Great information................next step,,,, empty your bank account then speak with your attorney!
:-)
Nobody can take from you any account that has child support payments going in !! Been there Done that !!
@@Serenityafterall but child support isn't your money
This is a GREAT VIDEO!!! Since we are all getting the 3rd Stimulus check, (march 2021), I’m sure this video helped ALOT of people!!! Thank you! 👍🥇
School lones or child support or alimony is the only thing that can take ssi or ssdi. They can threaten all they wish.
I would never call the number he’s giving to find out if I owe money to the government. If they don’t know, I’m not going to bring it to their attention.
Was wondering the same thing.
Hi Thank You for your Excellent Videos. We would like to know what are the Legal Citations for Federal Laws that exempt Social Security Disability Insurance income from Debt Collection. Thank you so very much.
Very informative ! Thank you
If you owe money to the IRS, they send you a form in the mail that you complete and mail back to them. It allows you to set up a payment plan. Once you return it they contact you if the amount is satisfactory with them and falls in line with your income amount. I failed to pay taxes on a sizeable casino jackpot one year, I made payments to them and they kept my refund the following year which squared the debt.
Thank you for your time and information. .
Please tell me if this is true....if someone receives SSDI and works part time and has their earned paycheck deposited into the same account as their SSDI, it makes all the $ in the account fair game for debt collectors? Thank you for your videos😊
My understanding is that the bank has to preserve at least 2x your monthly benefit amount. The rest is subject to levy.
The government can also collect for outstanding student loans from social security. Even if you were a co-signer on the student loan for your kids or grandkids. If you went back to college late in life and still owe on your own student loans they can deduct it from your social security check.
Isn't that lovely?
Those thieves would try to put you on the street, where you no longer have a residence...THEN what happens?
Not true !!!!
@@rickyharvey4835 I’m afraid it is true. I was told when I signed for my son that this debt never goes away. And they could wind up taking it out of my Social Security.
@@johnscott2746 - That being said, I also heard they can take your home that you paid an extortion fees all those decades.
I was recently told they still try to convince everyone it’s called a property tax...
@@darina114466 it depends on where you live. Some states have all kinds of exemptions that lower your bill. And some states also have programs which allow the elderly, under certain circumstances, to avoid paying properly tax at all. You just have to check where you live and see what is available.
Fantastic video Thank you
I had a high tax debt from many years ago be started taken from my SSi last summer and some over paid unemployent is also being taken out monthly. Both take just $50 each, so could take till later this year to pay them off. I still get plenty to live on every month on my SSi
corporations may be people....but they sure are heartless
Corporations neither eat, drink water, nor breathe--therefor, they CANNOT be people.
Since IRS isn't a government office how can they be federal
I know someone who had to pay back child support from their Social Security.
Hello Davin
I bought your book and very happy about, is it possible to call you if I have a question?
Thanks
hello Thank you for this informative video
Great info!!! Thank you so much!!!
Do not. Do not. Do not
Contact the IRS and ask
If you owe money
Let sleeping dogs sleep
You might be one that falls thru the cracks..
If you don't wake the dog
I get that. However, there are some who can't sleep until they know for sure.
@@DevinCarroll
That's good let the dogs chase them
@Shannon Hultz
Here in Los Angeles
NEVER give them any kind of money. Not even a penny. As good faith...
The money resets the clock...
NO ONE, never, ever, heed the words of the OP! No matter what the amount is, that amount is not just going to be laying dormant. There will be continuous penalty and interest accruing! When it does finally catch up to you, you will surely regret it. Remember, every thing, more and more, is being electronically connected. It will surface.
@@jimh712 ... The IRS is not just in Los Angeles. I strongly suggest you learn tax code regarding your proverbial clock. Better yet, hire a (board certified) attorney if you have a problem, depending on that problem, or, at least a CPA. And, there is no such thing as giving the IRS money in, good faith. Now, depending, the IRS, regarding circumstances, current income, health, etc, may acknowledge someone actually making a good faith _effort_ to pay what is owed, and may adjust, or even defer. That brings us back to getting professional, expert help.
I'm glad to be scribed to you
Glad you are too!
I fought a garnishment and won. Dismissed eternally due to federal exemption. Do NOT deposit any cash into your account!
@Juan Manuel Gonzalez no they won't mail a check. Open a Direct Express debit card & have them deposit it into the card it's not a bank account
No bill collector cant touch your social security check
Just like your right too bear arms and your rite too travel unhindered lol
federal student loan, the government can garnish their Social Security benefits,
if you owe
Look up federal reserve and find out how money comes too be .... Once u find out the truth ur head will spin ....but ill give u a hint ur it
I was told social security can't be touched by creditors, but once it is in your bank account it's fair game.
It is protected in the same account in which it direct deposited. If you receive by check I would keep it out of the banks.
After my mother passed, my dad only paid $1 / month until he got in a better situation.
750. 00 , you can not live off this amount,, how can they do this, ??
Do you know how to find out what the percentages are in the State of Missouri. For child support?
Get ahold of Helps for seniors they can stop garnishment.
No they can't collect or garnish social security check.
I get SSI and so does my son, we have a Representative Payee, SHE gets direct deposit and pays all my bills then hands me leftovers for the month in my account. I have gotten judgements twice. Today I found out the second one. The first one was from an old credit card debt I had to go to court for to prove it was SSI money and they couldn't take it even though they did, but they had to refund it. THEN I filed bankruptcy. Now today I noticed a zero balance in my account and they said there is a levy on my bank account from Wisconsin government of courts, a fee I supposedly owe from 23 years ago from the mediator in my divorce case. I however was only notified this year of that, and told them I couldn't pay it over the phone, they then went ahead and put a judgement against me! So now trying to figure out, can I completely CLOSE my bank account that has the levy on it? It is at a zero balance. Can I put money on my unsecured credit card with cash at an ATM and if so, can they touch that also?! I am a single mom and need help on this, not sure what to do, my Payee is sending me emergency money in a check form, now not even sure if anyone will cash it because I can't use my bank account, and if I put it in there, they will just take it. Any help or ideas on what I should do would be appreciated, thanks!
Wow! Good to know.
Glad it was useful!
Thank you!😊
Talk about overpayment it’s a Lotta hell dealing that The Richmond office in California they don’t pick up the phone there’s no option to a call back you have to call the call center who doesn’t deal with that type of situation I’m in it right now for a quiet some time very confusing I went to the whole process to make it my minimum payment is supposed to be and then they hit me with a garnishment and then I was told that using all my bill pay doesn’t work and I was using it for almost a year so the amounts of checks I was giving them they weren’t receiving it while they were cashing it and they started cashing it this year and so I asked for a settlement date and I put a proposal in in January still waiting for the results and the meantime they sent another garnishment notice I can’t get a hold of anybody is so I scheduled for an appoint at my local Social Security office the closest target you give me is July 11 I didn’t scam the government or ripped them off because very frustrating because I told one thing I do that nobody knows what they’re doing
That great news.
Good to know.
Thanx Will sleep better tonight.
I need ur help...my brother committed suicide and it turned my world upside down! My ex-husband, who just gave himself a $10M Christmas bonus, plus his family business, who has all those little loan companies all over the country, they have a G5 and a Lear Jet, and the entire family live bc in mansions very close to each other. I cld go on and on but the point is, after my brother died, I was in a horrible car wreck and hit my head so hard and my neck crunches and went warm, I thot I was paralyzed but luckily not! My neck is just bone on bone and now the debris is putting so much pressure on one side at my C5-6 that there is a flattening of my spinal cord and thecal sac! After all that happened my daughter were in there teens and didn’t want to leave me but I told them that he cld afford to give them a better start into colleges and so my oldest went her Sr yr and went off to college, My other daughter homeschooled herself to get out of there as soon as she cld so she was able to skip a year and 1/2 and went off to college too. They weren’t even there a total of 2yrs! And in the mean time, I’ve lost my cousin who was more like a sister to me, then my baby sister died in a car wreck, then I tried to go work for one of my dad’s friends on the pipeline as a Teamster and I ended up
having a heatstroke, heart attack and mini stroke all at the same time! Plus when they found me they said I had been wo enuf oxygen to my brain for over 12hrs and it had caused severe brain trauma! Now some where during all of that time my ex had decided to go have a judge order me to pay him CS without me ever being notified! Years later(now) he tried to say that they served it to my baby sister at the last address I lived at before going off to work on the pipeline, what pissed me off soo much about that is that I was only there two months and never once had my sister been at that address, plus she is not even here to say that to anyone! Now that’s low! But CS Offices just happened to be right next door to my ex-husbands home offices, so finally when I found out this judge had actually ordered me pay him a dime, after he and I had made a verbal agreement in front of the kids and my parents and my siblings who are now gone, he went behind my daughter’s back and got that awarded to him and I still had no clue anything like this had happened, so a few yrs later when both of my daughters are away in college, he calls and wants to take them to dinner, so they knew something was up, so after dinner he shows them this paper of $999.?? of CS and tells them that it’s “their money” and he only has a week left to get it for them!? Both of my daughters knew I was lost after loosing my bro and sis and then my best friend/cousin in the world! Plus I was having to learn to walk and talk again and now this!!! I’ve talked CS and SS and everyone of them agree this shld not be happening!! Now I think he’s got my stimulus check and I haven’t been able to pay my bills for 4 months on my electric 2momths on telephone and the others are just too overwhelming w my ptsd/extreme anxiety disorder and with all the pain in my neck and my broken foot and ankle, my ex is going to keep coming back over and over until someone overrides this and makes him pay it back! While he’s Jetsetting around the world and I'm just trying to survive each day, the CS office right next to his, said We are well aware of his finances and we're appalled that with his wealth he wld go after his ex-wife who is disabled for $1k of CS that I couldn’t possibly owe him, so they met with their attorneys and no one really had an answer other than I guess we have to follow some judge from Okfuskee granted him!? So
I keep getting tne runaround bc of my speech and memory loss that CS legal aid was going to help me get it removed completely and also give me back the $50/mon he takes off the top of my SSDI!!
Idk how much of this works but is there anyway on God’s Green Earth that this message cld somehow get to President Trump!!??!! Bc I know that Mr President Trump would NEVER let someone like me go completely without nothing, especially after loosing my only brother, who was just 2yrs older, then my cousin who was 2yrs younger, and then my own baby sister! I’ve had my baby cousin who was 18 have a head on collision w my 26 yr old best friend and kill them both, I’ve actually had 20, family or close family friends die, weird, violent young deaths in the last 15yrs or so!!! The last straw was when I still haven’t received ANYTHING AT ALL FOR HELP!! AND THEY TOLD ME THAT MY EX MAY GET IT INSTEAD OF ME AND THAT NOW INSTEAD OF
ME OWING THE ORIGINAL $999, it’s now up and over $10,000!!! I only get around $800/mon and then he takes part and now when I NEED.HELP THE MOST NO ONE WILL HELP ME AND ITS.GONNA.GO.TO ONE OF THE RICHEST FAMILIES IN THE STATE AND I NEED.HR HELP!!! Someone plz get this to Trump, he wld def care!!! Thank u!
Child support cant be taken out of social security my wife tried but since I'm on social security and my kid draws off me it CANNOT be garnished cause social security is considered child support cause he draws off of me
There are stories that Federal student loan debt will garnish your social security check and IRS refunds. I love that! It's ridiculous people still owe Federal student loan debt in retirement in their 60's and it's their own not cosigned for kids.
Good to know, thank you
My bank has discussed Any Attempts on my Disability Social security.by collector's To No Evail...
Thats illigal!
Thank You.
House I was renting got foreclosed. Then the commissioner of the court showed up at my house says he had possession of the house and wanted me to pay her. Covid it happened and no evection’s so I just been living in the house not paying rent. Can the court system sue me for all the rent -get the money from my bank account
SSI cannot be garnished for any reason.
how do you no that, i thought it could
What about unpaid Medicare hospital etc..... Since it's government money???
Hmmm...I don't know. I can reach out to John Ross and see if I can get him on here to answer. :-)
The debt is held by the hospital, not Medicare. Medicare pays their portion and the remainder is owed by the patient to the hospital so it is not a government debt. Also a spouse is not liable for his/her spouse hospital debt. If the patient dies the hospital can sue the estate of the dead patient so its important to think about how your assets are arranged.
LoCarbLady1 That makes sense! By the way...love your username!
@@DevinCarroll I do believe Medicare/Social Security CAN garnish in that situation. But I am not an attorney, and I may be wrong! We do know for a fact that "overpayments" of Social Security can be "garnished" and deducted from your monthly benefits! ;- (
@@actionman9357 Only the damaged party can go after the debtor. The damaged party is not Medicare. The hospital is owed the money. So the grievous is between the hospital and the patient. Medicare simply pays their portion.
New Sub here sent by "Jan from NYC" 😊
Frugal Living with Flair Welcome!
What about SSI benefits? Can my SSI be garnished?
My wife and I direct deposit a total of two checks in the combined amount of $3200 per month into her account. Does the 2 month rule apply to both checks or just hers?
Can credit card companies(or their collection agencies) garnish ones social security benefits?
(Florida) Being paying child support since day one on the clock, never being late for 15 years, regardless since I've retired, child support services (CSS) sent a court order to social security for them to deduct my child support payment from my retirement monthly benefits . I don't understand, why would they do that?
Anyway my CS payment always was $400.17 a month, regardless social security only pays $350 to CSS from my retirement money, which is $723 minus $135 for medicare plan B.
My question is: should I have to pay CSS for the $50 difference since they even deactivated my account and went straight for my retirement monies? Please help.
Anything you have can be taken from you.
What about loan office can they garnish your ssi ? Please let me know.
What are the laws in eastern Europe? As long as aligned with usa ok to collect? I read not ok to collect in the Ukraine?
I'm still paying the State of Illinois back interest on child support on my 40-year-old daughter! ;- (
Wow! That's been stretched out a while. Any threats on garnishments if you don't pay?
@@DevinCarroll It's a mess going back to 1991 with the divorce, lay-offs, loss of jobs, low paying jobs, high paying jobs, living out Southwest and dodging Illinois (the MOST CORRUPT STATE in the Union). I HATE BLUE STATE ILLINOIS. Back in 2007, I had a Bi-lateral hip replacement, (yup, BOTH HIPS!)
Devin Carroll Part Two: That was in April 2007. I had applied for Social Security Disability during January tenth 2007. June 2007 Baltimore Social Security office notified me by mail. I received the lump sum settlement and SSI around June 27, 2007. Although I was staying with my second former wife (no children) in Illinois, I crossed over the river into Iowa. I deliberately opened a checking account in Iowa, to "toss a wrench" into the Illinois machine of corruption. Illinois was finally able to convince Soc. Sec. to pay out to Illinois, in 2010. Three years later!
In one operation? Whoa!
@@DevinCarroll Not quite! I'm sorry if you had thought that! The first replacement was during 2007 Memorial Day weekend. The second operation was around Labor Day week! I "was" a union construction worker, and "had" been in the best shape of my life. But I was laid off, and worked for "cash only" contractors for the next seven years. I did not have health insurance. So my hips were cracking & popping as I walked. Eventually I could not work, and finally saw a G.P., who in turn sent me to an orthopedic surgeon. Surprise, surprise! You NEED BOTH hips replaced! I said "Doc, I'm only 52 and a construction worker!" "Not Anymore!" the doctor replied! ;- )
Please answer. Can signature loans take some of your society security disability. They threaten my friend and told her they could. Is this true. Is a signature loan federal
I'm trying to find out if I wasn't getting my whole benefits because SSI had me down as homeless but I was paying rent the whole timeonce I prove that I was paying rent the whole time do they have to give me more back pain
I married and didn't know at the time my wife had a outstanding college loan debt. Since we did my taxes together I became tied to her debt and every year now I have to file as an injured spouse. Since I plan on retiring next year how would I continue as an injured spouse. She would only be getting 790.00 a month so at 40.00 a month the 25,000. debt will realistically never be paid off.
Thank you
Student loans took $20.000 from my son's Social Security account 4 years ago.. he had no say in the matter. None.
How about Credit card debt?
Will the garnishment hurt credit score?
I'm on disability and they already took my money sent me a letter saying they did do I still get an attorney are let it go
CREDITORS CAN GET THEIR HANDS ON YOUR HARD EARNED CASH PLENTY OF TIMES BUT REMEMBER THE CASH HAS ITS OWN RULES SEPARATE FROM YOU MIGHT GET YOU FAR MAYBE A SHOWER HOT MEAL BUT DON WANT THE EXTRA BAGGAGE EVER SO IF CREDITORS DO HARRASS YOU JUST PRAY ABOUT IT AND RAISE THE RENT KICK EM OUT YOUR PEACE
They do not have the right to touch your money for anything, including child support, or anything without consent,.
Mike Moviel Unfortunately, they can and will.
The government can and will. They have what's called "super" creditor power. Not only do they have the power to come after you but they also have the power to jump ahead of any other creditor in line for payment
I've been living on $200 a month for the last 10 yrs I pay $800 in cs🤨
What if someone who has no income is that person judgement proof.
Devin, can state congress take your SSI which brings your SSA up to the poverty level. It's only $60 a month. But, it paid 2 bills and is forcing me to live below the poverty level. This has been going on for 2 years. I was told the democrats wanted to use the money elsewhere. I live in Utah, which is a very financially sound state. I will call a tax atty next. ??? Help!
SSI is a federal check.
What about old student loans?
Where is the attorneys for the people,hell,they don't work for free they work for the government and collectors where they can make the most money
It's not a tax debt. But a student loan. And I only own $7,500.00. but they have been garnished everything for the last 30 years. I've over paid. And want my fucking money. I don't need the full lump sum. But it would be nice. I just need my $35,000,000.00 they have gathered from my wages over the years. But in payments. Of no less than $5,000.00 per week.
You have to go to court. First.
Sorry hope so cause kids are getting on it to keep from having to pay child support ,yes they can take it so they might as well go to work and pay for there play
Once the child becomes of age the back child support to the state becomes a debt and can't be garnished from your Social Security.
Not true. I collected child support off ex when he filed for SS and got it till he died!
@@gmharris2010 You're Greedy just saying.
If i own my house can the come after it if the can't get my ss
Yes
pay 5$ a month....protection till you can do more
That doesn't stop a garnishment if your income isn't SS. I paid a hospital $50 a month, they wanted $100 and garnished my bank account while I was paying them. They got a court order without notifying me. I went to the judge who granted the order and told him what happened and why wasn't I notified of the court action. He was furious that I wasn't given a chance to defend myself and ordered the hospital to give me back my money and take $50 payments as they said I paid nothing. I guarantee you paying $5 a month ain't stopping anyone.
@@MountainFisher what did judge say?
@@JG-tt4sz What I wrote above, the hospital creditor lied to him and he told them they have to notify me of court action as just going into collections doesn't automatically make them above the law. He fined them for for perjury too I believe for saying I never paid them. They used the lame excuse that the hospital didn't tell them I was paying the hospital and not them or they could have been jailed.
@@MountainFisher Some justice? Wow, 👍.
@@JG-tt4sz I got my money back and a damned creditor learned not to lie in court. Also be careful about paying a hospital after they sent it to collections. I paid a hospital bill late to the hospital, but they didn't bother to tell the collections. Big pain in the ass getting it off my credit report.
What about Student Loans ???
I HAVE THE CHILD TAX CREDIT BEING DEPOSITED INTO MY ACCOUNT MONTHLY, CAN A CREDIT CARD COLLECTOR GARNISH THIS MONEY?
where is the stimulus for people on ssi ssdi VA benifits
Section 207 of the S.S. act says no.except for alimony,child support and of course the IRS.maybe student loans.If the
collection agency keep bugging you after you quote sex 207,
get a lawyer to send a letter,then it they continue,sue for harrassment.Your only income MUST be S.S.Many seniors do not know of 207.
Actually if you are getting social security disability your child or kids will draw off of you and get a check off of you my ex wife tried and judge told her since I was disabled that was considered child support and the kid or kids can get the disability check till 18 or 20 if they go to college
I dont think your benefits will garnished if you are on ssi
Believe it when it's in my bank.
NO IT CANT BE
Social Security benefits cannot be garnished. 2 times your monthly SS is protected income - nobody can touch it - end of story.
Is this still the case?
can the state put child support on my credit report if i;m on ssi
@Wayne Collins I have paid all but 2800.00 now on ssi trying to buy a house working on credit score not all people who owe are my baby is 23 now grandkids need a bigger house thanks for getting back with me
I HAVE NEWS FOR YOU A SSI/D CANNOT BE GARNISHED A DISABILITY CK CANNOT BE GARNISHED BY SOME HIGH INTEREST RATE CO
😎😎😎
If a broad , can’t get child support from a person that has a disability check coming. So you know social security check can’t be garnished Buy a creditor....
I have a question, do you have a email I can send a private message to?
If I person was living on ss, then they sure can’t afford an attorney.,