Responding to a Garnishment Notice That Targets Exempt Social Security Benefits

Attorney Answer

Because a garnishment has already been sent, you need to act now — your Social Security benefits remain generally protected from an ordinary credit card garnishment, but that protection is not automatic once a garnishment summons has been issued.

Under United States Code § 407 (Section 207 of the Social Security Act), Social Security benefits are generally exempt from execution, levy, attachment, garnishment, or other legal process by ordinary creditors such as credit card companies, with exceptions only for certain federal tax and government debts and for court-ordered child support or alimony. Credit card debt does not fall into any of those exceptions. However, under Code of Virginia § 8.01-512.4, every Virginia garnishment summons must include a notice of exemptions and a claim form, and it is the debtor's responsibility to file that claim of exemption with the court, which must then hold a hearing within seven business days of filing.

What you can do:

1. File a claim of exemption with the court named on the garnishment summons as soon as possible, using the exemption form that should have come with it.

2. Attach proof that the funds are Social Security deposits, such as your award letter and bank statements showing the deposit source.

3. Keep Social Security deposits in a separate account going forward, not commingled with other funds, so the exempt money is easy to trace.

4. If you did not receive an exemption form or aren't sure how to file, contact the clerk of court or a local attorney right away.

⏱ Time limits apply. Virginia requires you to timely file the claim of exemption with the court to protect these funds from being wrongly withheld — an individual case review by a local attorney should be conducted promptly to confirm the exact deadline tied to your summons.