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No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).
Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.See for reference - http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1712/~/garnishing-social-security-benefits
I've read that California Franchise Tax Board CAN garnish social security under some circumstances. Are you sure Board of Equalization doesn't have the same privileges? This is an $800 debt owed from purchase of cigarettes from Indian source that didn't include state cigarette taxes that they now say I'm responsible for.
That is an information from Social Security Administration that I referenced abovehttp://www.socialsecurity.gov/OP_Home/ssact/title02/0207.htm
Sec. 207. [42 U.S.C. 407] (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.Thus - no garnishment is alowed but only by the federal government and only in following situations- http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1712/related/1
There are a number of circumstances when the Federal government can garnish Social Security benefits. Social Security will garnish benefits:
Sorry to be hard to get along with but the source you referred me to is a lady who I've been trying to get an answer from for the past month and she's totally ignored me. Can't say I have a great deal of faith in her opinions. I don't think she knows the answer any more than I do :)
Above I provided references to The statute - Sec. 207. [42 U.S.C. 407] (a) - http://www.socialsecurity.gov/OP_Home/ssact/title02/0207.htm Here are references to Social Security Administration - http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1712/~/garnishing-social-security-benefits- http://www.socialsecurity.gov/OP_Home/ssact/title02/0207.htmYou may also contact Social Security Administration by calling 1-800-772-1213 - you can speak to a Social Security representative or toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. Monday through Friday.
Ah, thank you. I'll contact Social Security to verify. Thanks for the suggestion.