Ask Larry

How Can I Get Social Security To Process A Garnishment Order?

A NY Judge has approved an Income Execution Order to collect on my ex-husband's Social Security benefits. We had a process server deliver to the Field Office and they eventually told me that they threw it away because the Process Server was a third party. We are now mailing to both offices in our city awaiting their response. BTW, they only told me they most likely threw it away after numerous phone inquiries with them and the 1-800 number. Can you help me to get Social Security to garnish the wages? Please do not use my last name in an open forum at this time. Thank you.

Hi,

I don't know enough about your circumstances to know what to tell you. Social Security can only garnish monthly benefit payments, not wages nor the Social Security taxes paid on wages. And they can only garnish benefits for specific obligations (e.g. child support, alimony).

Social Security's operations manual doesn't give much direction with regard to how a garnishment order must be served, other than it must be delivered in a manner prescribed by state law (https://secure.ssa.gov/apps10/poms.nsf/lnx/02024102050). Assuming that your garnishment order meets the requirements, Social Security should process it accordingly. You may want to consider contacting the offices of one of your Congressional representatives for help if you continue to have problems dealing with your Social Security office.

Best, Jerry

Category: 
Posted: 
Sep 15 2017 - 3:31pm
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