Legal Question in Social Security Law in Georgia

Re: SS Benefits and Judgement

Not likely. Social security benefits are usually exempt. However, any other money or property that you both have can be reached. I pursue insurance companies for hospitals regularly. I'd like to know how old a claim it was and why the medical provider did not file it.

Re: SS Benefits and Judgement

Social Security benefits cannot be garnished by this type of civil judgment creditor. However, if you are using direct deposit and the Social Security funds are going into an account where you keep other money, your bank may inadvertantly honor a fi fa on the judgment.

I would consider sending a letter to the lawyer who is representing the judgment creditor to advise him that your husband's sole source of income is Social Security and therefore exempt from garnishment.

Be aware, however, that other assets - his house, other bank accounts, other assets - can still be at risk.

I also think that Mr. Jackson raises a good point - does this creditor have a legal right to sue. Recently, I have heard about a number of lawsuits filed on stale debt - if the defendant does not raise this issue, you can be stuck with judgments when the underlying claim is bogus.