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Are disability payments subject to garnishment?

In most states, State paid disability, private disability insurance payments and most retired disability payments are exempt from garnishment.

However, there are exceptions when you owe back child support or certain taxes. Check with your state attorney general’s consumer protection division to be sure about the rules in your state.

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.

12 comments

  1. What about Annuities? Can Social Security receipts be garnished when in a Bank Account?

    • Social security funds are exempted from garnishment, IF they are kept separate from other source funds. IF you commingle your social security with other moneys in the same bank account, the money can be garnished, though you can (try) to convince the court after the fact that the money taken was protected. The best idea is to keep social security and the like in a separate bank account that only those funds go into.

      • Hi Can social security benefits be garishment if they are can we get the money back

      • Ruththella White

        just had my social security garnished because of student loans. i had to fight to get it back. the only reason that they could not take my funds is because i had already been approved for total and permanent disability. when it comes to student loans they can take it because it wasn’t ssi. Social security could stop this knowing that my income was below poverty level.

  2. if we have cars and still paying for them, can they have us return the cars that we used for work that has a lean holder?

  3. just had a voluntary car repossession. After they sell the car at auction can they garnish my social security disability benefits?

  4. Can a disability check from the VA be garnished. We returned a car that my husband drove to work due to his severe stroke. He lost his job. I’m on disability myself so my income was not much. I had to pay cobra to keep his insurance and not much else so I surrendered the car to which the excepted. Now the sold the acct to a different agency who is now seeing us for that car we no longer own

  5. If both my spouse and I r on ssi and he gets VA compinsatio bother exempt from garnishment how do we tell the bank not to freeze our accounts

  6. If they have garnish my social security disability can I get the money back

  7. They garnished my social security disability for 876 dollars can I get that money back

  8. Had a debt on a Thomasville credit card fpr about $8500, WHICH JUMPED TO $12,000 wirh lawyers feey and interests. Spoke with law firm, told them I was looking to file bankruptcy and so reached an agreement (not sure if it was a court order), but it was in writing to pay the debt at $25 a month. Was making payments to a debt collection law firm. After 2 years, I start getting phone calls from another law firm, saying they have been assigned to the case and they want to increase the size of my pyaments. Are they permitted to do this?? They never followed up with me so I have not made a payment in about 2 years. .do they have the right to undo the 1st agreement?

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