Garnishment
Section 459 of the Social Security Act (42 U.S.C. 659) permits Social Security to withhold current and continuing Social Security payments to enforce your legal obligation to pay child support, alimony, or restitution. By law, we do not make retroactive adjustments.
If you disagree with the garnishment, contact an attorney or representative where the court issued the order, not Social Security.
Levy
Section 1024 of the Tax Payer Relief Act of 1997 (Public Law 105-30) authorizes the Internal Revenue Service (IRS) to levy up to 15% of each Social Security payment for overdue Federal tax debts until the tax debt is paid.
Contact the IRS at 1-800-829-7650 to discuss any appeal rights.
The Department of the Treasury (Treasury) can also withhold Social Security benefits to collect delinquent non-tax debts owed to other federal agencies under the Debt Collection Improvement Act of 1996 (Public Law 104-134). Treasury controls this activity and will contact you if you owe a non-tax debt.
If you have questions about the levy for a non-tax debt, contact Treasury at 1-800-304-3107.
FAQs
Social Security and Social Security Disability Insurance (SSDI) can sometimes be garnished to pay money you owe to the government, such as back taxes or federal student loans, and money you owe for child or spousal support.
How much of my Social Security can be garnished? ›
You'll have to shell out 15% of your Social Security for federal back taxes and as much as 65% for alimony or child support owed.
Can debt collectors take your Social Security benefits? ›
If Social Security benefits are your only source of income, private creditors and debt collectors have limited options to get their money. They can't garnish your Social Security income and they can't levy your bank account as long as it only contains Social Security income that was put there via direct deposit.
How do I protect my Social Security from creditors? ›
Thanks to federal regulations, two months of Social Security funds that are directly deposited into your account usually get automatic special protection from garnishment by judgment creditors.
Can Social Security funds be levied? ›
If you have any unpaid Federal taxes, the Internal Revenue Service can levy your Social Security benefits. Your benefits can also be garnished in order to collect unpaid child support and or alimony. Your benefits may also be garnished in response to Court Ordered Victims Restitution.
What debts can be taken from Social Security? ›
These include:
- Delinquent child support.
- Federal student loans.
- Federal taxes.
- Civil money penalties assessed by the Social Security Administration.
- Fines imposed as a result of federal criminal proceedings.
While Social Security income can not be garnished by a credit card company to pay a debt, there is one creditor that can garnish it: the U.S. Department of Treasury. Officially called the Treasury Offset Program, Social Security and other federal retirement benefits can be garnished if you owe: Unpaid federal taxes.
Why should seniors not worry about old debts? ›
There are federal laws to protect VA benefits. There are state laws that protect IRA benefits and independent retirement accounts. So, seniors' income is protected by various laws, and if they don't pay their debt, or if they're unable to pay their debt, even if they're sued, it can't be garnished or taken from them.
What is the 11 word phrase to stop debt collectors? ›
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
What are three things that a debt collection agency cannot do? ›
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take.
Best Protection: Asset Protection Trust
Another option to protect your bank account from creditors is setting up a trust. There are a lot of different kinds of trusts out there, with the main categories being revocable and irrevocable.
What type of bank accounts cannot be garnished? ›
Retirement accounts like 401ks and IRAs have special protection from creditors and debt collectors. Under federal law, 401ks and other ERISA-qualified plans cannot be garnished by creditors. IRAs also receive protection up to $1 million (adjusted for inflation) under federal bankruptcy law.
What states prohibit garnishment? ›
State Garnishment Laws
While all states allow wage garnishment for child support and unpaid state taxes, four states — North Carolina, Pennsylvania, South Carolina and Texas — don't allow wage garnishment for creditor debts.
What happens if you have more than $2000 in the bank on SSI? ›
Current beneficiaries who exceed the limits are suspended and then terminated from program participation if their savings remain above the limits, and they must repay any benefits paid while they are over the limit. SSI beneficiaries are limited to only $2,000 in assets of any kind.
How do I stop the IRS from garnishing my Social Security? ›
More In File
You can avoid a levy by filing returns on time and paying your taxes when due. If you need more time to file, you can request an extension. If you can't pay what you owe, you should pay as much as you can and work with the IRS to resolve the remaining balance.
Can a credit card company sue you if you're on disability? ›
You can be sued for credit card debt when on disability, but the end result is that they will not be able to actually collect on the judgment if your income is protected. The only downside is that you will still have a judgment placed on you, and it may hurt your credit.
