Can my social security checks be garnished for a judgement placed against me for legal fees?

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Can my social security checks be garnished for a judgement placed against me for legal fees?

I am in the process of litigation for a personal injury case in which I sustained a serious injury. The opposing party has said that if I lose in the litigation process, they will have a judgement placed against me for legal fees and costs incurred. I am retired for medical reasons, and am receiving Social Security. Can my checks which are directly deposited be garnished in a situation like this?

Asked on July 14, 2012 under Personal Injury, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A judgement creditor can not touch your social security payments, even if they are direct deposited into a bank account. Federal law protects these benefit payments; they are "exempt" which means that they are not subject to garnishment. 

Note: There are some exceptions. Social Security payments  may be garnished to pay delinquent child support, alimony, federal taxes, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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