Legal Question in Credit and Debt Law in New Hampshire
I loaned a dear friend $2,500 3 years ago and he refuses to pay me back. He is on disability and I want to know if a personal loan can be paid back through garnishing his disability checks.
1 Answer from Attorneys
Thank you for asking this question. For all readers out there whose sole income is social security (SSI or SSDI), that money is EXEMPT from collection- it can NOT be garnished.
If any debt collector is attempting to attach your SSI, or threatening you with such action, or bullying you into voluntarily paying that income over them, please let me know, as you may be entitled to monetary damages.
ON THE OTHER HAND, if you have surplus SSI income sitting in a bank account, after a period of time, the bank account may be attached, and, through a process sometimes called Trustee Process, your account might be drained to pay a judgment.
Please note, however, that nothing prevents your friend from voluntarily using his exempt income to pay you back. In addition, you can still sue to collect the judgment, if you choose, and you might be able to get paid back in other ways. To answer your question though, you cannot garnish the SSDI checks.