Legal Question in Credit and Debt Law in Pennsylvania

If i possess a Judgment for an outstanding debt, and the individual that I'am attempting to be satisfied from has back payments from Social Security Disabillity ( SSI & SSD ), lump sum amounts coming in the very near future can I be legally be able to enforce or garnish those monies from that backpayment from SSI & SSD ? I live in the state of Pennsylvania. This question is being submitted as a free question.

Thank you.


Asked on 11/27/11, 9:06 pm

2 Answers from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Generally, in PA, SSi and SSD benefits are exempt from execution on a civil debt. The only exceptions that I am aware of, is whether the judgment is for child support payments or constitute compensation ordered to you arising out of this person's coviction of a crime.

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Answered on 11/28/11, 3:43 pm

Your state of residence is not as important as the state of residence of the debtor or the state where the judgment was entered. If the judgment was entered in PA, then fine. If not, then exemptions will be governed by the law of the state where the judgment was entered. In most states, as noted by Attorney Solomon, Social Security (whether its regular or for disability) (and SSI is for really poor people) cannot be garnished at all for an ordinary judgment (not child support and not monies owed for something like federal taxes or for money owed to another federal agency).

However, the exemption can be lost IF the funds are commingled with non-exempt funds or commingled with non-exempt funds of another person. For example, if the judgment debtor has a bank account with his/her child who is not on SSI/SSD and the funds are deposited into a bank account, you can levy on the bank account.

What I would do is consult with a debt collection attorney in the state where the judgment was entered to discuss the procedures for enforcing the judgment. You and the attorney will have to determine what is owed and whether the person has assets other than the SS income which can be seized.

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Answered on 11/28/11, 8:19 pm


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