Can a credit card company seize a pension and or social security?

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Can a credit card company seize a pension and or social security?

My father is 67 and recently diagnosed with early dementia/Alzheimer’s. As a result he has lost his job. He only receives his social security and a pension of less than $500 per month from a job he retired from back in 1990. His wife only receives social security. He has one credit card that I have tried to help pay and even to get APR lowered but credit company was no help. Now we are at the point where it has not been paid for several months and is still accruing interest and fees. What recourse does the credit card company have given his only source of income of social security and pension?

Asked on June 25, 2011 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation here.  While I can not as an attorney give any guidance on avoiding payment of a debt, I think that what you want to know is if your Father's income as it is stated here is exempt from garnishment should the credit card company choose to sue him and a judgement is entered.   The answer to your question as I have rephrased it is yes, the income you have mentioned -  a pension and social security - is exempt from a judgement creditor's garnishment.  You need to make sure that the creditor knows that this is all the income he has and make sure that the bank in which it is deposited knows as well.  Good luck to you all.


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