If I signed for my mom’s funeral and er insurance was not enough to cover all expenses, can my social security be garnished?

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If I signed for my mom’s funeral and er insurance was not enough to cover all expenses, can my social security be garnished?

The outstanding balance for mom’s funeral expenses have been turned over to a collection agency and they are threatening to sue me. My source of income is social security.

Asked on April 6, 2012 under Bankruptcy Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Social Security should not be subject to garnishment--it,  like certain pension or retirement plan payments, is exempt from garnishment. Note though that this only applies to the payments from Social Security themselves; once you deposit the money in the bank, if the creditor gets an order allowing it to levy or execute on your bank account, any money in the account at that time, including potentially money from Social Security, could be taken. Therefore, if you are sued and a judgment obtained against you, you should not keep a large balance in your bank account, regardless of source.


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