Legal Question in Credit and Debt Law in Wisconsin

Re: social security

Social Security Benefits are exempt from garnishment, except for debts to the U.S. Treasury, or child support or alimony (family support) If your creditor is for other debt, a garnishment on the Social Security Administration has no effect whatsoever. But the creditor may try to garnish your bank account, where you deposited your Social Security benefits.

Social Security Benefits in the account are exempt from garnishment, but you have to claim that exemption in the garnishment proceeding.

If you get a lawsuit or garnishment of a bank account and your only income is Social Security, you must claim your benefits as exempt in an answer to the garnishment summons, and get a judge to rule on what part of your bank account contains social security benefits.

The exemption to claim is 20 CFR 404.970 SSR 79-4. Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are (1) for the collection of delinquent Federal taxes and certain delinquent child support payments; and (2) to enforce a child support or alimony obligation. Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."