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Can a creditor garnish social security?

Business Questions 4 views 3 answers
My dad is 81 and purchased a truck from a local dealership for a payment of 360.00. His only income is social security which totals 1200.00 mo. He couldn't make the payments and the truck was reposessed. Now the bank wants him to pay the difference of what the loan balance was vs what it was auctioned for. Can they garnish him?

Attorney Answers

3
Tim Eblen ·
Your father's social security income is exempt from garnishment for money owed on a car contract. Take note if he has other assets that may not be exempt, such as equity in real property that is over the homestead exemption. If your father is concerned about other assets, then he should invest in a consultation with a local bankruptcy attorney, for peace of mind. If his only concern is social security income, then he should know that is protected under WA law. Best of luck, Tim
0 upvotes
David Mccormick ·
The only party that can garnish your father’s SS is the Federal Government.
0 upvotes
Dennis Palso ·
Per section 207 of the Social Security Act (42 U.S.C. 407) does not allow a private party creditors to garnish your Social Security payments. There are exceptions for the federal government such as IRS and student loans.
0 upvotes

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