Can a collection agency garnish my social security disability with out getting a hold of me?

The short answer is no. However, a garnishment can be served on your bank, but the bank will give you the opportunity to show that the only money being deposited into the account is SS benefits, which are exempt from garnishment except for some, but not all, federal government debts and child support or alimony. If this company is a valid collection agency and not a scammer, you have claim against the company under the Fair Debt Collection Practices Act (FDCPA) and possibly some Texas consumer protection laws. You should contact an attorney that handles FDCPA claims. Most will provide you with a free initial consultation. You can use the "Find a Lawyer" link at the top of this page to search for an attorney.

You may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees. All Social Security benefits are protected from consumer collections. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

No. First of all, you should be given proper notice of any order against you (you would have to be properly served pursuant to the rules in your state for a judgment to be entered to allow a garnishment order). However, if there is harassment from a collection agency (e.g. threats), you should contact a consumer law attorney right away. You can use or contact your local bar associations for referrals. Your Social Security Disability benefit is generally exempt from a creditors reach with a few exceptions. For example, the federal government can garnish a Social Security Disability benefit to recover money owed, including back taxes, student loan payments, etc., as is the case for back or current child support obligations. Note the rules are different for SSI. Moreover, in recent years, the banks have a duty to ensure your disability funds are not levied within 2 months from deposit (what's known as the "look-back" period). Further, the bank must provide you with prompt notice of their action. If you think your funds were improperly seized, you can file a court order, and you can seek advice from an attorney experienced with the Fair Debt Collection Practices Act (FDCPA) to assist you with your claim. Best of luck to you!