I see that you have not been back on to review your post. I am going to be away Tomorrow (Friday) until Monday. I do not want to leave you waiting until then if you have an urgent need for a response, so I am going to assume that your only income is retirement funds (Social Security and perhaps a pension, IRA, or Deferred comp plan). Also I am going to assume that the property you reference is your home. (If these assumptions are incorrect please let me know and I will pick this up again when I return.)
Section 207 of the Social Security Act does not allow for garnishment (seizure) of Social Security for commercial debts, like unpaid credit cards, auto loans, or mortgages. Likewise retirement funds are normally protected from garnishment. If you get a garnishment notice inform your bank that all your funds are Social Security and retirement funds and are excluded from any Garnishment Order. Please note that long before there would be a garnishment Order the lender would have to bring an action against you. If that happens file an answer with the court informing them that your funds are not subject to garnishment because they are Social Security.
Also, under California Law you have a Homestead Exemption which prevents debt collectors from seizing your home. The exemption is $150,000 when a homeowner is 65 years. See CCP §704.730(a)(3) .
Fill out this form and file it with your County Clerk of Records.
If you have trouble with the form contact legal service for your area and they will help you. You can reach them here:
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