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I am on social security can they garnish my social security after a foreclosure?

Columbus, OH |

i can no longer pay my house payment due to me going on social security and i am only making 700.00 a month on social security .how long does it take for eviction also?

Attorney Answers 2


Social Security is "exempt" income under federal law so it cannot be garnished (unless you owe taxes). make sure the Social Security money is not mixed with other money in a bank account. Bank accounts can be frozen in response to a judgment but you should have proof available to show the bank that the only money in the account is social security.

There has to be a judgment against you for soemone to garnish wages or freeze bank accounts.

Judgments are filed in the office of the clerk in the place (jurisdiction) where the suit was filed. They can be filed in other jurisdictions as well by being recorded in additional clerks offices.

The judgment gives the judgment holder the right to use various means to collect the judgment. The two most familiar are wage garnishment and freezing bank accounts. The judgment can also constitute a lien on any real property that is in your name. The judgment can sit in the Clerks office for many years, accumulating interest until you want to sell a house or refinance the mortgage on a property, and then title or the loan cannot be secured unless the judgment is paid off.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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You should talk to a bankrputcy attorney in your area. The Social security income is probably exempt, but you may have other assets which are not exempt and you should explore your options as to if you can keep the house.

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