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Ask C.Fortunato Your Own Question
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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My uncle who is on Social Security Disability and receives

Customer Question

My uncle who is on Social Security Disability and receives a pension, has received a letter of garnishment. We had arranged a payment plan with them but due to unfortunate financial hardship have not been able to keep up with the payments. Can they garnish his Social Security check??? What do we do to 'Answer' the summons of Garnishment?
Submitted: 5 years ago.
Category: Legal
Expert:  C.Fortunato replied 5 years ago.
Hi JACustomer,
Most pension money and all Social Security money is exempt from collection in all states, including Georgia. In the Answer to the garnishment, your uncle has to explain that all the money in his accounts if from his pension and Social Security, so that the account that was already garnished can be released (if the money has not already been sent to the judgment holder), and so that his Social Security account will not be garnished.
Then to prevent this problem from recurring he should consider filing a Bankrutpcy to have his debts discharged. He can get this done by paying a Bankruptcy preparer $200 (he does not have to use an attorney).

I think this is what you wanted to know. If not, please let me know.
Thank you.