Can Credit Card Companies Garnish Your Social Security Check? – Bonnie

“Dear Jeremy,

credit card debt, I am making minimum payments on several credit cards and have a high mortgage for my income. I will retire in 3 yrs. and would like to know if I can’t afford to pay my credit cards on ss can they go after my ss check. I know I can’t afford to pay once I retire.

Can credit card companies garnish your ss check?

Bonnie”

Dear Bonnie,

Pursuant to 42 USC, Sec. 407(a) in most situations your Social Security payments are exempt from garnishment for a credit card debt. That will hopefully give you a little peace of mind. Moreover, if you are still making the minimum payments you are a ways off from the creditor obtaining any judgment which would allow them to garnish your paycheck.

You also mentioned that you have a high mortgage for your income. You should try to contact the bank and see if they are willing to offer you a modification. These days there are a couple of federally sponsored programs that might help in getting you into a more affordable. Ask the bank if you qualify for the Home Affordability Modification Program (HAMP). If you don’t feel comfortable doing this on your own contact your local HUD representative and they can provide some options.

Best of luck and if any debt collector threatens to garnish your social security that might form the basis for a FDCPA claim against them.

Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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