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Is my Social Security protected from creditors?

Writer Aria Murphy

Are Social Security benefits protected by law? Yes. With the exception of certain federal agencies, creditors cannot garnish or seize Social Security benefits, whether it is retirement, disability, survivor’s benefits, or SSI. Congress has written this protection into law.

Can Social Security checks be garnished for credit card debt?

No, your Social Security check cannot be garnished for credit card debt. Credit card debt is unsecured debt; Social Security income can be garnished for certain other debts, such as delinquent taxes and federal student loan debt, but not for unsecured debt.

Can a debt collector take your Social Security benefits?

Generally no, debt collectors can’t take your Social Security or VA benefits directly out of your bank account or prepaid card. After a debt collector sues you for the debt and wins a judgment, it can get a court order for your bank or credit union to turn over money from your account or prepaid card. This is called a “ garnishment .”.

How does a collection agency get Your Social Security number?

As long as a collection agency knows an individual’s address, it may investigate any public records that exist about the debtor in that county in an effort to obtain his Social Security number. Collection agencies occasionally have the Social Security numbers of consumers who do not legitimately owe a debt due to identity theft.

Is there a debt collection agency in Washington State?

Threaten to have a debtor put in jail for bad debt. For more information, read RCW 19.16.250, which identifies and describes in greater detail the prohibited practices of debt collection agencies. A copy of Washington state laws is available at most public libraries.

Can a collection agency find out where you work?

If you have an attorney, the law prohibits a collection agency from contacting anyone other than your attorney. If you do not have an attorney, the agency can contact other people only to find out where you live or work. The collector cannot tell these people that you owe money.