Can debt collectors garnish my social security disability payments for unpaid debt?

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Question:

I am having some serious problems with debt collectors. I owe a lot of medical bills and I am on social security disability as a result of my injuries. The debt collectors are threatening to garnish my social security disability payments. What exactly is the relationship between debt and social security disability payments? Can they really take this money, it is my only income?

 

Answer: (1)

Social security disability payments and other social security income is generally exempt from levies or garnishments. There are a few exceptions to this – mainly for child support, overdue federal tax payments and payments owed to the social security administration for various costs and fees. Medical bills most likely do not fall within an exemption, and as such the debt collectors should not be able to garnish or levy your social security disability payments. If debt collectors are threatening you, they may be in violation of the Fair Debt Collections Practices Act or other fair debt collection laws. You should consider contacting your State Attorney General to determine the rules in your state as far as fair debt collection, and the rules regarding garnishment of social security disability payments. An experienced attorney may also be able to answer your questions regarding garnishment of social security disability payments by debt collectors and may be able to help you determine your options for minimizing calls by debt collectors or for dealing with the debt.

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