Legal Question in Credit and Debt Law in Indiana

Can a creditor attach my social security payments? If so, how much can they take? Does it matter that it is pretty much all I have to live on? I just got the notice today.


Asked on 8/17/09, 11:56 pm

2 Answers from Attorneys

Gregory Coleman Coleman Law Office

If social security is your only source of income, then you are judgment proof. The creditor can not attach your social security income.

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Answered on 8/18/09, 12:39 am
E. Brian Davis Davis Law Office

The only exception to Mr. Coleman's advice is that is you mix your social security income with money from another source, the creditor can try to seize the commingled funds. You would have the right to try to trace the exempt social security income and preserve it, but the best advice is for you not to commingle you social security payments with money from any other source.

All of this does NOT mean that the creditor cannot try to seize the social security money. You must argue that the funds are exempt and pay particular attention to any correspondence you get from your bank -- it may tell you when and how you must object to the seizure.

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Answered on 8/18/09, 1:27 am


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