Can Debt Collectors Get Your SSI Check?

If you default on a debt, the creditor may sue you. Upon winning a lawsuit, the creditor can ask the court to garnish your wages or levy your bank account. However, Social Security income is usually exempt from garnishment as of 2011. This includes Supplemental Security Income, or SSI, which the Social Security Administration pays to low-income disabled, blind or elderly people each month. Thus, debt collectors can't take your SSI check to satisfy a debt under most circumstances.

Protected Property

SSI checks and other Social Security checks are considered protected property: Debt collectors can't garnish this income, and no court will entertain a motion to garnish SSI income. In addition, if you deposit your SSI checks in a separate bank account from other types of income, debt collectors may not ask a court to levy the bank account in an attempt to recollect the debt because of the protection clause.

Federal Debts

If you owe money such as back taxes or back student loan payments to the federal government, the government may garnish your SSI check or other exempt income. However, the government can't garnish your entire paycheck to satisfy these obligations. As of June 2011, the federal government may garnish up to 15 percent per year of your SSI check to collect federal taxes. If you owe other federal debts, the government must leave you $750 per month out of your check.

Bank Accounts

State laws vary as to whether any amount of SSI income can be garnished from your bank account. Creditors usually can't garnish bank accounts. However, if you co-mingle your accounts --- that is, if you deposit SSI income into an account that also holds nonexempt income --- creditors can garnish the account. In addition, certain states allow banks to garnish an SSI-only account if the debtor owes money to that bank.

Considerations

Debt collectors can't make threats that they aren't empowered to carry out. Thus, if a debt collector threatens to garnish your SSI check, document the conversation and report the collector to the Federal Trade Commission. This behavior is illegal, and debt collectors can face hefty fines if they engage in it. If you receive a garnishment notice on your SSI income or on your SSI-only bank account, contact Legal Aid to help you get a low-cost attorney to help you challenge the garnishment.