Can the Housing Authority garnish my social security check for a debt owed, can they force me to pay more than I can afford?

Bankruptcy and Debt 2 views 4 answers
I got a bill for damages to an apartment I moved out of. My sole income is social security disability. If I request an affordable payment plan, can they still force me to pay more than I can afford? And if I really cannot afford what they want per month, can they take out more money than I can pay from my account? I'm low income, very poor and really can't afford much. I cannot apply for bankruptcy for another four years or so. What can they do to me?

Attorney Answers

4
Gerald Gregory LutkenhausWorkers' Compensation LawyerRichmond, VA ·
A Social Security check is exempt from ordinary garnishment proceedings. That being said the Authority can secure a judgment against you and if your Social Security check is deposited in a bank and co-mingled with other funds they can try to garnish that account.
0 upvotes
Vincent Rubino ·
Attorney Lutkenhaus is of course correct, and your Social Security funds are exempt from attachment by creditors. You indicate that you cannot file bankruptcy for another four years. Presuming that you filed a Chapter 7 case four years ago, you may be entitled to receive a discharge in a Chapter 13 case, under which you might only need to repay a portion of your unsecured debt. I would suggest that you contact an attorney in York to discuss the options which may be available to you.
0 upvotes
Bruce Allen ·
The Housing Authority cannot garnish your social security check. I have attached a link regarding Pennsylvania exemptions that is a list of the types and amounts of property you can keep even if there is a judgement against you. The Bankruptcy exemptions are the same as your state court exemptions.
0 upvotes
Brent Vullings ·
Social Security is exempt from garnishment by creditors. If you filed a Chapter 7 four years ago, you may be entitled to receive a discharge in a Chapter 13 case, under which you may only need to repay a portion of your debt.
0 upvotes

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