Can social security disability be garanished for debt payment?

UPDATED: Oct 11, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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