Legal Question in Real Estate Law in Florida

Re: Wage Attachment of Social Security or Retirement Pay

As to your Social Security benefits, these are not subject to attachment. Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law." This is a qualified right since Federal taxes, child support, alimony, and Federal property claims may be levied upon. However, your question does not present one of these qualifications.

As to offset of your pension, this may be possible. This is a more complex question for which the appropriate facts have not been provided. If you receive notice for a pending levy, feel free to contact me for representation at a reasonable fee.

As to your question relating to the lease itself, you will need to contact a Flordia attorney as property law varies from state to state.

Hope this is of help.

I am a general practice attorney in Maryland and am available to assist with other legal matters.

G. Joseph Holthaus

(410) 799-9002

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