If an injury claim goes over my coverage, can they take my social security or pension?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an injury claim goes over my coverage, can they take my social security or pension?

My wife had a car accident. One of the passengers from the other car claimed injury. I have 10K coverage. I receive a pension and social security. Can that be taken? The other party was mostly at fault and refused medical aid at the time of the accident.

Asked on May 15, 2019 under Bankruptcy Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Typically, a person's assets are subjuct to collection for an underlying debt. However, Social Security and pension payments are exempt from collection (i.e. garnishment, levy, or other similar seizure). Accordingly, such income is safe from collection under the circumstances.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, social security and pensions are exempt from "execution" or "garnishment": that means that a creditor cannot intercept or take them, either in whole or in part (i.e. they can't get a percentage or part of your checks, the way they can garnish or get part of paychecks from work).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption