Dealing with Debt

questions & answers

Question: I get my social security check on acard and put my bill money in my checking account and i got sick and can't make payments on my credits cardscan they get my bill money out of my checking account

Answer: A creditor cannot take money from your checking account with first getting a court order to get a garnishment. Generally Social Security benefits are protected from creditor garnishment. The federal government can garnish Social Security benefits however. This may be done if you owe federal taxes or student loans, etc.
(https://www.consumer.ftc.gov/articles/0114-garnishing-federal-benefits) If your account has more than 2 months’ worth of benefits, any amount over what you receive in 2 months can be garnished.  (http://www.consumerfinance.gov/askcfpb/1157/can-creditor-garnish-my-social-security-benefits-pay-debt.html)

Social Security benefits that are not directly deposited into your bank account are not automatically protected however. If a creditor is granted the garnishment order and your Social Security benefits are transferred to your bank account and NOT directly deposited from Social Security, it will not be apparent that the money in your account is from Social Security and the bank may freeze it. You will then have to notify the court that the money in the account is from Social Security.

You can change the method you receive your Social Security benefits. Go to https://www.ssa.gov/deposit/howtosign.htm for more information on how to receive direct deposit Social Security benefits.