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Before a Ch 7 BK is filed, can SSD get garnished?

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    Before a Ch 7 BK is filed, can SSD get garnished?

    In PA, can SSD get garnished by unsecured creditors? No property owned or vechiles owned by this person. No assets.
    Filed Ch 7: 11/2010 and 03/2011 and closed

    #2
    A quickie Google search says "No" in your case.

    Yes, social security disability benefits can be garnished. However, garnishment can only be carried out in a few specific scenarios. According to the social security administration, SSI benefits cannot be garnished, while social security disability benefits may only be garnished to enforce child and alimony obligations, pay federal tax and debts owed to the IRS, and pay debts owed to federal agencies.

    So, if you owe taxes or IRS penalties, you can have your social security disability benefits garnished. If you have alimony or child support obligations, you can be garnished. If you have a delinquent student loan, your SSD benefits can be garnished.

    Creditors, however, are not entitled to garnishment provisions for social security disability benefits, so SSD recipients are protected from credit card companies, finance companies, auto lenders, and other lenders.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

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