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I have a judgement against me-can my social security disability pension be garnished from my bank (direct deposit) I LIVE IN TEX

San Antonio, TX |

i owe the creditor 25000 dollars. can they deplete my bank checking account IN TEXAS

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Attorney answers 1


As a general rule, benefits that you get from Social Security cannot be attached or levied upon by a creditor. The Social Security Act, 42 U.S.C. Section 407(a) provides that

"The right of any person to any future payment under [the Social Security Act] shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

This means that a judgment creditor is generally not allowed to attach your Social Security check each month. You must be careful about putting the funds in your bank, because the law in some areas allows a creditor to attach or garnish anything you put in your bank account.

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