How to Easily Stop a Social Security Wage Garnishment

I’m seeing more questions these days from people that are having their social security benefits garnished for old student loans or student loans they cosigned for. In addition I have received a few questions from people that are getting their social security garnished over old SBA loans as well.

The process to stop a social security garnishment is very easy. They key though is you want to get the ball rolling as soon as you receive a notice of garnishment.

Before actually garnishing social security benefits, the Social Security Administration will send a written notice of their intent to garnish and why. The notice should contain specific information about the government debt owed, the amount, and an estimated payment schedule.

How to Stop a Social Security Wage Garnishment

If you or someone you know has received a wage garnishment notice and feel the party to be garnished can not afford to be able to survive on the garnished funds then you can do the following:

  1. Request a review of the debt and garnishment action. This will immediately stop any pending garnishment until it is completed.
  2. Prove to the Social Security Administration the garnishment creates a financial hardship.

Financial hardship is defined as a situation in which withholding a particular amount from the individual’s pay would deprive the individual of income necessary to meet ordinary and necessary living expenses.

This request for reduction can be made at any time, and, no withholding will occur if the request is made within 60 days of the notice of garnishment.

social security card

In evaluating expenses the Social Security Administration uses the following guide:

Expenses

1. Person’s Particular Circumstances Important

A persons particular circumstances and lifestyle determine whether expenses are ordinary and necessary. Patterns of living are established over time and these patterns must be considered when evaluating the facts. This policy, however, does not imply acceptance of unreasonable expenses which are neither ordinary nor necessary.

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2. Types of Expenses

Expenses include:

  • fixed living expenses such as food and clothing, rent, mortgage payments, maintenance,
  • utilities, transportation, necessary household help, insurance, taxes, etc.;
  • medical, hospitalization and other similar expenses not covered by insurance;
  • expenses for the support of others for whom the person is responsible;
  • miscellaneous expenses consistent with the individual’s life style, such as newspaper,
  • hairdresser, pet maintenance, entertainment, charitable donations, etc.

Procedure

1. Determining Acceptable Expenses

  • Do not impose rigid restrictions on acceptable expenses.
  • Do not allow unlimited amounts for necessities such as food and shelter or exclude nonessential expenses such as entertainment.
  • Allow such expenses as are consistent with the person’s standard of living.
  • Do not allow extraordinary and unnecessary expenses (e.g., expenses related to a travel trailer used for vacationing) regardless of the person’s standard of living.
  • Do not allow expenses that help a person maintain a luxurious standard of living that developed as the result of the incorrect payments.
  • Fully document and explain any unusual individual circumstances.

2. Evaluation of Large Expenses

If the person has an unusually large expense, determine if the expense should be prorated over the entire year or if it is a recurring expense. Prorate an expense over the entire year if it is for a onetime expense (e.g., a large medical bill) or for items which would be used in the entire year.

3. Expenses of the Household

Include the expenses of a person who is a dependent member of the household. Do not include expenses of a boarder or anyone else in the household who is not a dependent.

4. Expenses Not Always Fixed Amounts

Be alert for regular payments, such as charge account payments where the person is paying more than the minimum payment. Reduce to the minimum amount shown on the charge statements, where appropriate, to permit some payment on the overpayment. Also, be alert to the possibility that some installment payments may duplicate itemized expenses (e.g., the $50 monthly clothing expense was charged and is included in the $75 department store payment). – Source

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Sincerly,
Steve

You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.


Damon Day - Pro Debt Coach

Damon Day - Pro Debt Coach

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29 thoughts on “How to Easily Stop a Social Security Wage Garnishment”

  1. HI Steve, I was served with papers for an outstanding credit card from Fingerhut (Jefferson Capital Recovery.) They were an online catalog company and debt sold be Jefferson. I’m to appear in court July 8. I am on social security retirement/disability. After my expenses each month, I am left with about $109 spendable income. This includes four credit cards and five online store cards. e.g. Wards. I have not worked for several years due to stroke and rebuilt my whole life after the stroke and moving to Colorado to rebuild from scratch. I was told I am not subject to garnishment by the representative from SSA. Is that correct? Should I call attorneys and try and settle? I really couldn’t afford very much. I am on low income housing (so far, will probably lose that status next month), Medicare and Medicaid and Food Stamps dropping to $19 a month after the first. Confused and worried about my options, whether I have any or not. Help please.]

    Reply
    • Ralph,

      While you are most likely protected from garnishment, the creditor will most likely get a judgment. You will have to make the argument your income and assets are protected from the attempted levy or judgment.

      Your SS is protected except for things like federal student loan debt and other government debts.

      Filing bankruptcy would be a much better use of money instead of paying to try and settle debts. Bankruptcy is the fastest way to legally and totally eliminate the debt completely in the shortest period of time.

      So if you didn’t want to deal with all these debts once you are sued and lose, talk to legal aid or a local bankruptcy attorney for advice.

      Steve

      Reply
  2. I was issued a letter of resolution from IRS (4222) on a $5,000,000.00 that stated I am unable to pay dept. But the federal prosecutor office will not honor and cease SS deductions monthly. Help.

    Reply
    • I’m not exactly sure about the facts. I think you might have had a federal tax lien on a property. If so, then the mention of a Form 4222 would make more sense. According to one attorney, “File Form 4222, Application for Certificate Discharging Property Subject to Estate Tax Lien

      If accepted by the IRS, the taxpayer will receive Letter 403, Conditional Commitment, followed by Form 669, Certificate of Discharge

      Tax lien will still be in effect on the taxpayer’s remaining property”

      So if that sounds about right, that would remove a lien on a property but not terminate the full tax situation.

      You really need to discuss your situation with a tax attorney, or other tax experts with experience in this situation who can review the full facts of your specific situation. There is more to the story.

      Reply
  3. Steve, What can I do to withdraw from SS benefits. I have to go back to work. I have 4 adopted children and need to support them. I’ve been drawing benefits for 3 yrs. I’m currently 65 yrs old. Circumstances beyond my control due to divorce.

    Reply

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