When a person is sued in small claims court and loses, the judge will generally grant a judgment in favor of the plaintiff (the suing party). The individual will then be legally required to pay the other party a certain amount in damages. This judgment is legally enforceable and, in most states, can be collected through garnishment. However, a person's Social Security disability money cannot be garnished by private creditors seeking the collection of legal judgments.
Small Claims Win
When a person wins in small claims court, he is awarded a legally enforceable judgment against the other party. This means that he can take all of the collection actions available to private creditors in his states. While not all states allow creditors to attempt to garnish the wages of a debtor if the debtor's payment of a debt is not forthcoming, most do. This includes judgments for small claims court.
Garnishment
Judges must approve garnishments. Garnishments will generally not be issued immediately after a person has been awarded money in small claims court, but only if the debtor is postponing paying the money he owes, in violation of the judge's terms.
Social Security Disability
Certain types of income cannot be garnished by private creditors. This includes most types of federal benefits, including Social Security disability benefits. A judge is not legally allowed to serve an order of garnishment on federal benefits. Even if he did, the Social Security Administration would likely not honor it, meaning the money could not be garnished.
Considerations
The only party allowed to garnish Social Security disability benefits is the federal government. A person may owe the federal government for a number of reasons, foremost among them for back taxes and child support. The federal government seldom, if ever, files suit in small claims court. Therefore, it seems all but inconceivable that a person could have his Social Security benefits garnished because of a judgment awarded in small claims court.
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