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My monthly SS is $3300.00. Can they take 15% for back taxes…

Customer Question
My monthly SS is...

My monthly SS is $3300.00. Can they take 15% for back taxes AND another 15% for federal court ordered restitution, for a total of 30%?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

Ohio

Lawyer's Assistant: Has anything been filed or reported?

I am not sure I understand your question.

Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
The restitution is not for back taxes but 4 the victim of mail fraud.
Answered in 4 days by:
3/13/2018
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,958
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As far as garnishment orders of restitution or back taxes, I am afraid that while Section 207 of the Social Security Act generally prohibits garnishment of benefits, 18 USC 3613 makes an exception for these special kinds of garnishment orders. They can take up to 30% of your income I am afraid.

So I am afraid they can garnish your SS benefit for restitution judgments and back taxes as an exemption in the SS law.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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