My paycheck is being garnished. My banking account has been seized.
How much of my paycheck can be garnished? Can Social Security and SSI be garnished? What are exempt funds?
Answer
CourtHelp's page Money That Can't Be Taken to Collect a Debt lists what income cannot be garnished and the percentage of a paycheck that can be garnished. Be aware that 11 USCA Section 523 lists the exceptions to debts that cannot be discharged in bankruptcy. Taxes and domestic support obligations cannot be discharged.
Here is the list from Money That Can't Be Taken to Collect a Debt:
- Supplemental Security Income (SSI)
- Social Security
- Public Assistance (welfare)
- Spousal Support, maintenance (alimony) Ordered by a Court
- Child Support Ordered by a Court
- Unemployment Benefits
- Disability Benefits
- Workers Compensation Benefits
- Veterans Benefits (VA)
- Railroad Retirement Benefits
- Black Lung Benefits
- Public and Private Pensions
- Retirement Savings like a 401(k) and Individual Retirement Accounts (IRA)
- Private Trust fund principal and 90% of any payments
- 90% of your salary earned in the last 60 days
Links & Files
- Common Defenses in a Debt Collection Case
- Family Legal Care Legal Resource Guide -- How to File an Objection or a Rebuttal to a Child Support Order
- I just received a legal paper headed "Additional Notice of a Lawsuit"
- New Economy Project -- What is Exempt from Debt Collection?
- Rural Law Center of New York Letter to Creditor -- Exempt Funds
- Rural Law Center of New York What are exempt funds?
- Why was back child support deducted from my paycheck and tax refunds?