CanSSI be garnished?

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CanSSI be garnished?

I was just served papers for a law suit from a creditor. The only income that I received is SSI. Can that be garnished? Also, the papers were filed in the wrong county (not my county of residence). Is the document therefore legal since it’s in the wrong court?

Asked on May 10, 2011 under Bankruptcy Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

Generally speaking, most creditors can not garnish social security income.  Certain creditors, however, like the IRS, can indeed do so.  The problem that you may run in to is that if the funds are direct deposited in to a back account, the bank may allow garnishment if the funds are not properly exempted.  You need to notify the bank and you need to notify the attorneys that brought the suit.  There may also be forms in your state to fill out regarding the funds.  Check with the state attorney general's office.  As for the summons being file din the wrong county, one would have to see it to give ny guidance.  Generally they are filed in the county of residence of the debtor but that is not an absolute rule.  Also, please answer the complaint and object to the "jurisdiction" of the court.  And advise the court that you only receive SSI.  Good luck.


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