Can a creditor garnish my Social Security?

Question

Accepted Answer

Short answer: Generally no — Social Security benefits are protected from garnishment by federal law (42 U.S.C. § 407), which is outside the scope of the Arizona sources provided here, so for the details of that federal protection you should consult a licensed attorney.

That said, the Arizona sources do confirm the protection exists within Arizona's garnishment process. The court-prescribed notice to judgment debtor in a non-earnings garnishment lists "Social security benefits (SSA)" among the examples of exempt monies that are "free from the claims of creditors even if deposited in a bank, savings and loan association or credit union" . The same notice's request-for-hearing form lets a debtor object on the ground that exempt monies — expressly including social security benefits — are being garnished .

Two important caveats from the sources:

- The notice warns that "[c]ertain exemptions may not apply to support orders or to the collection of taxes," so Social Security may be reachable for those kinds of debts .
- If your Social Security is being withheld, you may object or file a claim of exemption by requesting a hearing with the court, and the request must be delivered to the court within ten days after you receive the garnishee's answer, unless a good reason for delay is shown .

Because the underlying protection for Social Security benefits is a matter of federal law rather than Arizona law, and the sources here only partially address your question, please consult a licensed attorney about your specific situation .