If an injury claim goes over my coverage, can they take my social security or pension?
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If an injury claim goes over my coverage, can they take my social security or pension?
My wife had a car accident. One of the passengers from the other car claimed injury. I have 10K coverage. I receive a pension and social security. Can that be taken? The other party was mostly at fault and refused medical aid at the time of the accident.
Asked on May 15, 2019 under Bankruptcy Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Typically, a person's assets are subjuct to collection for an underlying debt. However, Social Security and pension payments are exempt from collection (i.e. garnishment, levy, or other similar seizure). Accordingly, such income is safe from collection under the circumstances.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, social security and pensions are exempt from "execution" or "garnishment": that means that a creditor cannot intercept or take them, either in whole or in part (i.e. they can't get a percentage or part of your checks, the way they can garnish or get part of paychecks from work).
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