CanSSI be garnished?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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 AttorneyPages.com 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.