When a person owes a debt from the federal government, he may face various penalties for the debt, as well as the prospect of severe legal action. Among the most extreme measures that the federal government can take is to garnish the person's wages. While private creditors are not allowed to garnish federal benefits, such as Social Security, the federal government can.
Debt Collection
There are a number of different ways that a person can incur a debt to the federal government. Among these is a failure to pay taxes on time, a failure to make child support payments and a failure to pay back student loans. Regardless of the source of the debt, the federal government will treat it very much like a creditor would treat any other kind of debt.
Federal Benefits
Generally, federal benefits are exempt from garnishment. Private creditors -- creditors not representing a government agency -- are not allowed to garnish them or seize them from a person's bank account. In addition, state governments can often not get at them either. However, this protection does not apply to debts owed to government agencies. A federal agency is required to honor a judge's garnishment order if it applies to a federal government debt.
Garnishment
The exact way in which a government agency will go about getting a garnishment order will vary depending on the agency and the nature of the debt. However, according to federal law, all garnishment orders must be signed by a judge. After the order has been issued, it can be served on the federal agency providing the benefits. A portion of the benefits will then be diverted until the debt is paid.
Exemptions
The only kind of exemption that a person can claim from federal garnishment is for having little income. A person who is low income may be able to claim an exemption from the garnishment of his federal benefits if he has too many dependents -- both dependents who live at home and children he pays child support for -- or if garnishing his benefits will not leave him enough to live on.
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