Legal Question in Consumer Law in Georgia

Can a collection agency Garnish wages from a Persons Social Security Check?

Asked on 2/08/13, 7:23 pm

1 Answer from Attorneys

No, not usually. Social Security, as per federal law, cannot be garnished except for debts owed to the IRS or another federal agency or child support. Social Security is not wages. Its benefits for either old age or disability.

And collection agencies cannot garnish anything. Collection agencies usually work for creditors or assignees of creditors, like junk debt buyers. Collection agencies seldom own a debt in their own name unless they have a junk debt buying division.

Sounds to me like an unethical collection agency is trying to scare you into paying by claiming that Social Security can be garnished. If that is the case, debt collectors lie all the time.

However, I do not know what kind of debt this is for or anything about your circumstances. If I were you,. I would seek out a lawyer specializing in violations of the Fair Debt Collection Practices Act to see if the collection agency violated the law by threatening you with action that they are unable to take. If a violation of law is established, you can recover attorney fees as well as your actual damages or damages up to $1000. Depending on what you owe, the debt could be eliminated or offset. Its worth looking into.

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Answered on 2/12/13, 12:00 am

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