Can a civil judgement against me take my SSD or child support?
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Can a civil judgement against me take my SSD or child support?
I’m beigh sued for 100,000 from
car accident. My only income is SSD
and child support. Can a civil
judgement garnish these incomes?
Asked on November 3, 2018 under Bankruptcy Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Neither child support nor SSI can be garnished: a creditor, including a judgment creditor (someone who sues you and wins) cannot have a portion of either taken and sent to them. But money sitting your bank account is potentially vulnerable to something very much like garnishment (called either "levying" on a bank account or "executing" on it). So once the money gets into your bank account, if the creditor tries to get it then (unlike income or wage garnishment, which is continuing, going after a bank account is, each time it is tried, a one-shot deal: the creditor can get money in the account at that moment), he/she may be able to. So don't accumulate too much in your bank account (or spread it among several bank accounts, since a creditor must go after each one separately). So the money can't be intercepted before it gets to you, but it could be vulnerable if you let it accumlulate in the bank.
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