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

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. 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 relationship.


  2. 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 not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.


  3. 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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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