Can the credit card companies take my social security, retirement or my deceased husbands civil service pension?

Asked over 2 years ago - Richmond, VA

I am 71 years old, not in good health and can no longer work. I cant afford to make my minimum credit card payments. Can the credit card companies take what money I get direct deposited in to my bank account?

Attorney answers (3)

  1. Gerald Gregory Lutkenhaus

    Contributor Level 18


    Lawyers agree


    Answered . I have practiced Social Security law in Virginia for 35 years. I can tell you your Social Security check cannot be attached. I would be careful about your bank account. If monies are co-mingled in that account, it is possible the account would lose the individual protection of such laws as the ones that protect Social Security checks. Contact your local legal aid society for more assistance. The legal aid society in Richmond can be contacted at (804) 358-4766.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more
  2. Susan A. Wuchinich

    Contributor Level 13


    Lawyers agree


    Answered . Basically, no. Pension as a rule are generally off limits. However, I would cross check with AARP's Legal Counsel for the Elderly. You should call Legal Hotline at (202) 434-2120,

    This is meant as general legal information and is not to be construed as legal advice in an attorney client... more
  3. David J. McCormick

    Contributor Level 20


    Lawyer agrees

    Answered . Great advice so far. I would just add that if you rally want to protect your social security payments, you should set up a separate bank account for these deposits. That way it is clear this is protected social security money that cannot be attached or garnished.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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Secured debt

Secured debt is debt that has property which can be used as collateral to protect the lender. If the debtor defaults, the creditor gets the property in payment.

Employee retirement benefits

Your employer may offer retirement benefits, like 401k plans, which you must help fund and manage, or company-provided pensions, which the employer manages.

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