Can The IRS Or Student Loan Creditors Garnish My Social Security?

February 27, 2020 Debt Collection

MoneyTips

By Eric Olsen, Executive Director, HELPS Nonprofit Law Firm

Federal law protects Social Security and retirement incomes from garnishment by almost all collectors. But what about the IRS and student loan debts? The IRS and public student loan lenders can and occasionally will garnish 15% of a senior’s Social Security income. There is much information on the Internet scaring seniors about this practice, but very little information discussing how a garnishment of Social Security for taxes or student loans can be prevented or stopped.

It is not the general practices of the IRS or student loan collectors to garnish other forms of retirement such as pensions or VA benefits. State tax collectors and private student loan collectors cannot garnish Social Security or seniors’ other retirement income. The IRS or a public student loan collector must notify seniors in advance by mail before garnishing their Social Security benefits. Seniors often think they have n…

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