Can social security and a pension be garnished?

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Can social security and a pension be garnished?

I had a credit card debt in NC when my husband passed away 3 years ago. With no income immediately following his death I moved to MN where my son could help me. When I finally got back on my feet with widow’s SS and a small pension; I barely made enough to live. I am in the process now of moving back to NC, but was just issued a summons in MN against the NC debt. My question is should I answer their summons, and give my excuses, which they don’t care about, or move back to NC and ignore them. It is my understanding they cannot attach my SS and pension wages in NC even if they win judgement.

Asked on September 26, 2011 under Bankruptcy Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is best for you to respond to the summons and complaint served upon you in that if you do not respond to it you will have a default and default judgment most likely issued against you.

I would call the attorney listed on the summons and complaint to try and resolve the situation against you for a set amount payable monthly if you owe the obligation.

Typically social security checks and pension accounts are not subject to levy by a judgment creditor. However, if you cash a pension check or a social security check and put it in your own bank or checking account it loses the exemption from a levy by a creditor.


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