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Question
Can my SSI check be garnish for a student loan of any kind.
That would be very unlikely. First, therre is a federal exemption covering SSI payments (42 USC section 407 and others). Secondly, it unlikely that the government will be that aggressive in coming after you for a student loan default. Usually when someone defaults on a student loan, the government seems to be content to just collect by withholding income tax refund checks. Finally, even if the government did start garnishing your SSI payments, you could always put a stop to that by filing for bankruptcy protection. Although student loan debts are generally not dischargeable, there is a federal bankruptcy exemption (that might apply to you in your state or might not, depending on what particular state you are in) that specifically exempts disability insurance payments (11 USC section 522(d)(1)(C).
What it boils down to is this - not to worry so much about geting your SSI garnished. If they tried to do so, there are a lot of ways that you can fight this.
Feel free to call me on my cell phone if you want to talk about this further. There may be circumstances in your particular case that might make a difference insofar as the ability of the government to collect. 661 492-2673
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Answers by Expert:
John Hall
Expertise
Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and 13 of the United States Bankruptcy Code) primarily representing individual debtors with consumer debt or small businesses; Experience has included all aspects of debtor/creditor relations.
Experience
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