Social Security garnishment protection comes from 42 U.S.C. § 407, which shields retirement, disability, and survivor benefits from most private creditors.1Office of the Law Revision Counsel. 42 U.S.C. § 407 A credit card company, medical collector, or debt buyer with a court judgment generally cannot take your benefits. The federal government and family support orders are the main exceptions, and even they are capped.
Who Cannot Garnish Your Social Security
Private creditors are the big category that is locked out. That includes credit card issuers, medical debt collectors, personal loan lenders, auto deficiency claims, and the debt buyers who purchase these accounts. A judgment in state court does not override the federal protection in Section 407.1Office of the Law Revision Counsel. 42 U.S.C. § 407
The protection follows the money into your bank account, but only under specific conditions. When a bank receives a garnishment order, it has two business days to review the account and identify any Social Security payments that arrived by direct deposit in the prior two months. Those funds have to stay accessible to you even if the rest of the account is frozen. The bank is not required to trace money you have moved to a different account, so transfers can strip the automatic protection and leave you to prove the source yourself.2National Archives. 31 C.F.R. § 212.5
Who Can Still Reach Your Benefits
A short list of debts breaks through the protection. All of them involve the federal government or a court-ordered family obligation.
Federal Taxes
The IRS can impose a continuous levy on up to 15% of your monthly Social Security benefit for unpaid federal taxes. You must receive at least 30 days’ notice before the levy begins.3Office of the Law Revision Counsel. 26 U.S.C. § 6331 – Section: (d) Requirement of notice before levy; (h) Continuing levy on certain payments
Federal Non-Tax Debts
Debts like defaulted federal student loans can be collected through the Treasury Offset Program.4Bureau of the Fiscal Service. How TOP Works The offset is capped at 15% of the monthly benefit, and it cannot drop your payment below $750 per month.5National Archives. 31 C.F.R. § 285.4 – Section: Offset amount
Child Support and Alimony
Court-ordered support can be enforced against Social Security benefits.6Office of the Law Revision Counsel. 42 U.S.C. § 659 The share that can be taken depends on your situation: up to 50% if you are supporting another spouse or child, and up to 60% if you are not. Payments more than 12 weeks in arrears add another 5% to each limit.7Office of the Law Revision Counsel. 15 U.S.C. § 1673 – Section: (b)(2) Exceptions—support orders
One point about process: federal agencies often collect through administrative offset after giving you notice and a chance to dispute the debt, so no judge has to sign off before the money is withheld.8Office of the Law Revision Counsel. 31 U.S.C. § 3716 Private creditors, by contrast, have to go through a state court first.
Supplemental Security Income
SSI is not addressed by the file’s garnishment analysis, which centers on Section 407 protections for retirement, SSDI, and survivor benefits. If you receive SSI, the rules discussed here may not match your situation.
If a Protected Account Gets Frozen
The bank’s automatic review only protects benefits deposited directly into the account during the two-month lookback period. Anything above that, including older benefits, cash deposits, or money you moved from another account, can be caught in the freeze. The bank has to send you a notice when a garnishment order comes in, explaining that the order was received and how to claim an exemption through the court or other local process.9National Archives. 31 C.F.R. § 212.7
If funds you believe are protected have been frozen anyway, you usually have to file a claim with the court and show where the money came from. Bank statements tracing the deposits back to the Social Security Administration are the standard proof. Legal aid organizations often handle these claims for recipients who cannot afford a private attorney.
Social Security in Bankruptcy
Section 407 also keeps Social Security benefits out of the reach of most creditors in bankruptcy.1Office of the Law Revision Counsel. 42 U.S.C. § 407 In Chapter 13, benefits are specifically excluded from the current monthly income figure the court uses to calculate how much a debtor can pay back.10Office of the Law Revision Counsel. 11 U.S.C. § 101 – Section: (10A)(B)(ii)(I) You can choose to contribute Social Security income to a repayment plan voluntarily, but you cannot be required to.