Legal Question in Credit and Debt Law in California

social security garnishment re: creditor

My father has been ill 2- strokes and cannot repay his credit card debt. He now has only Soc Sec. It is auto dep to checking account with me as a co-signer. no other cash. Can they garnish it? No car, 1/2 owner of home he lives in. Gettingphone calls from atty in VA. He cannot speak. He lives in Boise. I'm in Ca.


Asked on 4/28/07, 9:51 pm

1 Answer from Attorneys

Amy Kleinpeter Clark Kleinpeter Law

Re: social security garnishment re: creditor

No, social security cannot be garnished, but the creditor may not know the source of the money.

You should repost this as IDAHO law as the laws on garnishment vary by state. There is a chance you being a co-signer may make things more complicated procedurally, but this is something that would vary by state law.

Since he owns real property, I would advise him to consider bankruptcy, but this would depend on his situation and Idaho state law.

-- Amy Kleinpeter

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Answered on 4/29/07, 2:01 pm


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