Can a Judgment Creditor Levy a Bank Account Containing Social Security Money?

18 Feb Can a Judgment Creditor Levy a Bank Account Containing Social Security Money?

Except in limited circumstances, your Social Security money is exempt from levy, attachment or garnishment. Section 207 of the Social Security law provides that “the right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title 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 if you are sued, your judgment creditor cannot seize your Social Security check, nor can they seize money from Social Security that happens to be in your savings or checking account.

I recommend to my clients that they avoid co-mingling Social Security funds with other funds, and that they notify their bank in writing that all of the funds in Account XYZ come exclusively from Social Security.

This protection against seizure does not apply to the IRS when collecting tax debt, nor does it apply to child support creditors.

by , Atlanta bankruptcy lawyer

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Jonathan Ginsberg, Esq.

I represent individuals in Chapter 7 and Chapter 13 cases filed in the Northern District of Georgia, which includes Atlanta, Newnan, Gainesville and Rome. I publish several informative web sites, including https://www.atlanta-bankruptcy.com and an Atlanta bankruptcy blog, https://www.thebklawyer.com/thebkblog. Please mention Bankruptcy Law Network when you call.
1Comment
  • LadynRed
    Posted at 18:23h, 18 February

    It doesn’t apply to the Dept of Education either, thanks to the recent decision that now allows Social Security to be attached for old student loans !