Legal Question in Credit and Debt Law in Oregon
Debt Collection-Social Security
Can Social Security checks be taken to collect a unsecured debt? If now how do you protect it once it is transferred to your bank or credit union account. This is the only source of income.
1 Answer from Attorneys
Re: Debt Collection-Social Security
a collector must have a judgment to collect, if they garnish your account, then your social security is exempt, but you would have to file the exemption with a court before you get it back. There are some rare instances where a collector can get SS. If a collector is serious they will hit your account despite knowing that all you have is SS. The only way you can be sure they won't hit the account is to file bankruptcy, and I don't know what kind of debt this is except that it is unsecured and presumably dischargeable in bankruptcy.