Legal Question in Credit and Debt Law in Georgia
Came a collection agency files suit against Your retirement check?
1 Answer from Attorneys
This question was asked previously. The answer is the same:
Social Security is exempt from garnishment generally. So are some other types of benefits (VA, disability). Pensions may or may not be exempt - depends on if they are ERISA-qualified. ERISA (Employees Retirement Income Security Act) provides that pensions cannot be garnished. However, there may be some exceptions. For example, if you owe money to the IRS or Social Security then the federal government can garnish federal benefits. A collection agency cannot garnish anything. Collection agencies work for creditors unless the collection agency is also the creditor. And even then, the collection agency cannot garnish until you are sued and a judgment is entered. If you wish to discuss the details in confidence, email me at [email protected].