Can social security disability be garanished for debt payment?

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Can social security disability be garanished for debt payment?

Can I be made to sell paid off auto worth 10,000 to pay debts?

Asked on October 11, 2011 under Bankruptcy Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under most statutes in each state in this country, the actual social security check issued to a poerson who is a judgment debtor (owes money under a judgment) is exempt from being levied upon to satisfy the judgment. However, if the social security check is then negotiated or deposited into a bank account, then the check loses its exempt status and would be subject to a levy for satisfaction of a judgment.

With respect to automobiles, most automobiles worth up to a certain amount are also exempt from a levy by a judgment creditor to collect upon a judgment. The rationale is that most people need basic transportion to make a living and survive. Whether or not your $10,000 automobile is exempt from levy or not depends upon the specific statute on exemption under Virginia law.

Good luck.


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