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What exemptions allow garnishment of social security?
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There are no exemptions that allow garnishment of Social Security. The reason for this is that all forms of Social Security benefits are 100% exempt from bankruptcy. Under no circumstances can a trustee or a creditor touch a guaranteed benefit.
Benefits Exempt From Bankruptcy
Pensions, Social Security, and retirement plans are a few of the items exempt from bankruptcy. The 2005 changes to bankruptcy law added in certain retirement benefits that were previously uncovered. Life insurance policies that have not matured are also exempt.
In short, there is no reason to fear having any Social Security benefits touched by the court during bankruptcy. The government passed laws ensuring that certain income streams cannot be utilized for repayment of debt.
Hire a Lawyer for Bankruptcy Assistance
If you're considering bankruptcy and are on a fixed income, it's time to talk with a lawyer. An experienced bankruptcy attorney is versed in the exemption statutes of the state, and using federal exemptions when possible. They can explain the process to you and explain in full how Social Security and others types of retirement income cannot be touched.
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