Can my Social Security Disability be garnished if i receive a civil judgement against me?
4 attorney answers
No, the Social Security Act specifically prohibits garnishment of your Social Security Disability benefits. The law is in Title 42 of the U.S. Code, Section 407(a). The relevant text of §407 reads:
(a) The right of any person to future payment under this title shall not be transferable or assignable, at law or in equity, and none of the money paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process….
(b) No other provision of law, enacted before, on, or after the date of this section, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so be express reference to this section….
If someone tries to garnish your SSDI, call a local attorney who is familiar with the the Fair Debt Collection Practices Act. You may have a claim against the creditor for damages.
Not on these facts.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Short answer is NO, your SSDI income cannot be garnished by a civil judgment.
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.
The answer is that SSDI benefits cannot be garnished based upon a civil judgment of this kind. There are some exceptions to the rule, but the facts you present here do not appear to fall into those exceptions.