Legal Question in Credit and Debt Law in Virginia

retirement and social security

Can either of these be garnished by irs or civilian companies


Asked on 12/08/08, 1:41 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: retirement and social security

IRS, yes, for unpaid federal tax obligations; private companies, no.

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Answered on 12/08/08, 5:26 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: retirement and social security

Social security definitely cannot be garnished. However, note that once you put money into a bank account, especially if it is co-mingled with other funds, then the creditor might garnish the bank account. You then have to object and show how much of the money in the bank account comes from social security. You might need to have a separate bank account and not mingle funds with someone else.

Other retirement payments, I am not sure. I think it would depend upon where the retirement is coming from, such as government. I have not encountered that.

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Answered on 12/08/08, 5:26 pm


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