Can Social Security Be Garnished?

Social Security benefits are protected from garnishment by most creditors under federal law. Section 207 of the Social Security Act, codified at 42 U.S.C. § 407, provides that Social Security payments “shall not be subject to execution, levy, attachment, garnishment, or other legal process.” A credit card company, medical provider, or any other private judgment creditor cannot garnish Social Security benefits, regardless of the amount of the judgment.

This federal protection is absolute against private creditors. It applies to Social Security retirement benefits, Social Security Disability Insurance (SSDI), and survivor benefits. No state law can override it. Florida’s own exemption statutes reinforce this protection, but even without the state-level exemption, the federal statute alone would be sufficient.

The protection does have exceptions. Certain government agencies and specific types of debts can reach Social Security benefits under narrowly defined circumstances. Understanding where the protection applies and where it does not is essential for anyone who depends on Social Security income.

What the Federal Protection Covers

The anti-garnishment provision in 42 U.S.C. § 407 covers all benefits payable under Title II of the Social Security Act. This includes monthly retirement benefits for workers who have paid into the system through payroll taxes, disability benefits under SSDI for workers who become unable to work, and survivor benefits paid to the spouses and children of deceased workers.

The protection extends beyond the initial payment. Once Social Security benefits are deposited into a bank account, they retain their exempt status as long as they remain identifiable as Social Security funds. The Social Security Administration’s own guidance confirms that its responsibility for protecting benefits against garnishment does not end when the beneficiary is paid. The benefits continue to be protected as long as they can be traced to Social Security.

This means a private creditor who serves a writ of garnishment on a debtor’s bank cannot lawfully reach Social Security deposits in that account. It is even a violation of federal law to threaten to garnish Social Security benefits for a private debt.

Automatic Bank Protection Under Federal Rules

When a bank receives a garnishment order, federal regulation 31 CFR Part 212 requires the bank to perform an automatic review of the account within two business days. The bank examines whether any federal benefit payments were directly deposited during the preceding two-month lookback period.

If the bank identifies Social Security deposits or other qualifying federal benefits during the lookback period, it must calculate a “protected amount” equal to the total of those benefit deposits or the current account balance, whichever is lower. The bank must ensure the account holder has full access to the protected amount and cannot freeze those funds in response to the garnishment.

For example, if a debtor receives $1,800 per month in Social Security retirement benefits and the account balance is $5,000 at the time the writ is served, the bank must protect $3,600 (two months of deposits). The remaining $1,400 may be frozen pending further proceedings. If the account balance is only $3,000, the entire balance is protected because it is less than the two-month total of $3,600.

This automatic protection applies only when benefits are received by direct deposit. If a debtor receives a paper Social Security check and deposits it manually, the bank’s automated system may not recognize the deposit as a federal benefit payment. In that situation, the bank may freeze the entire account, and the debtor must affirmatively claim the exemption with the court to have the funds released.

The Exceptions: Who Can Garnish Social Security

While private creditors cannot reach Social Security benefits, several categories of government debt and family support obligations create exceptions to the general protection.

Federal tax debt. The Internal Revenue Service can levy Social Security benefits to collect delinquent federal taxes through the Federal Payment Levy Program under 26 U.S.C. § 6331. The IRS can continuously levy up to 15% of each monthly benefit payment until the tax debt is satisfied. The IRS must provide notice and an opportunity for a hearing before the levy begins, but the notice requirement is met by sending a letter to the taxpayer’s last known address.

Federal student loans. The U.S. Department of Education can garnish Social Security benefits to collect on defaulted federal student loans under the Debt Collection Improvement Act. The garnishment is limited to 15% of the monthly benefit, and the garnishment cannot reduce the remaining monthly payment below $750. If the debtor’s monthly benefit is already close to $750, the actual garnishment amount may be less than 15% or nothing at all.

Child support and alimony. Social Security benefits can be garnished to enforce court-ordered child support and alimony obligations. Under 42 U.S.C. § 659, the government will honor garnishment orders for family support issued by a court of competent jurisdiction. The Consumer Credit Protection Act limits for support obligations apply: up to 50% if the debtor is supporting another spouse or child, up to 60% if not, with an additional 5% for arrears exceeding 12 weeks.

Other federal debts. Federal agencies can collect non-tax debts through the Treasury Offset Program, which intercepts a portion of the Social Security payment before it reaches the beneficiary. The offset is limited to 15% of the monthly benefit, and the debtor must receive advance notice and an opportunity to dispute the debt.

Supplemental Security Income Has Stronger Protection

Supplemental Security Income (SSI) receives even broader protection than Social Security retirement and disability benefits. SSI is protected under a separate statute, 42 U.S.C. § 1383, and unlike regular Social Security benefits, SSI cannot be garnished even for federal tax debts, student loans, or the Treasury Offset Program.

The only exception is that SSI may be subject to garnishment for child support and alimony obligations. For every other type of debt, SSI is completely immune from garnishment and offset.

This distinction matters because many recipients receive both SSI and Social Security benefits. The SSI portion retains absolute protection while the Social Security portion may be subject to the exceptions described above.

Protecting Social Security After Deposit

The most common way Social Security recipients lose the benefit of federal protection is through commingling. When Social Security deposits are mixed with non-exempt funds in the same bank account, the entire account may be frozen when a creditor serves a writ of garnishment. The 31 CFR Part 212 automatic review protects the direct-deposited amount, but any balance above the protected amount is subject to the garnishment.

The safest approach is to maintain a segregated account that receives only Social Security deposits. No wages, business income, gifts, or other non-exempt funds should be deposited into this account. If the account contains exclusively Social Security deposits, the entire balance should be protected.

Debtors who cannot maintain a separate account should at minimum ensure that Social Security benefits are received through direct deposit rather than paper checks. Direct deposit triggers the automatic bank review under 31 CFR Part 212. Paper check deposits do not receive this automatic protection, which means the debtor must go to court and prove the source of the funds—a process that takes time during which the money remains frozen and inaccessible.

Florida provides an additional layer of protection through its head of household wage exemption. Although Social Security is not “wages” under § 222.11, a debtor who receives both Social Security and exempt wages may be able to protect the combined deposits by asserting both the federal Social Security exemption and the state wage exemption. The key in every scenario is maintaining documentation—bank statements, benefit award letters, and deposit records—that clearly shows the source of every dollar in the account.