Can my pension and social security be garnished for a bank overdraft?

Asked over 4 years ago - Bronx, NY

I was laid off from work and could not pay back a bank overdraft of 500.00 dollars, I have no present bank account, a lawyer for them sent me a threat of civil suit and garnishment, can they take my social security and pension check which is how Iam surviving now.

Attorney answers (1)

  1. Matthew Bryant

    Contributor Level 13

    Answered . Social security payments are exempt from garishment and executions under state and federal law. So are pensions for the most part with the exception that they must be "reasonably necessary" for your support and your dependents. Even if you were to open an account and have these payments deposited, under state law that bank could not turn anything over if you made sure there was always less than $2,500 in the account.

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