as stated on the garnishment summons — request a hearing promptly. Missing this window is the single most common way people lose protections they were entitled to. Calendar it the day you receive the notice.
These income sources are exempt from ordinary-creditor garnishment no matter your state. The recurring problem: the bank freezes the whole account anyway, and you must prove the funds are protected to get them released.
| Protected source | Federal law |
|---|---|
| Social Security (retirement & survivors) Exempt from ordinary-creditor garnishment, including after deposit into a bank account, as long as the funds are traceable. | 42 U.S.C. § 407(a) |
| Supplemental Security Income (SSI) SSI is fully protected. SSI in a bank account is exempt — but banks routinely freeze it anyway; you may have to file to get it released. | 42 U.S.C. § 1383(d)(1) |
| Social Security Disability (SSDI) Same protection as Social Security retirement. | 42 U.S.C. § 407(a) |
| Veterans (VA) benefits VA disability and pension benefits are exempt from creditor claims. | 38 U.S.C. § 5301(a) |
| Federal civil-service & military retirement Generally exempt from ordinary creditors (different rules apply for child/spousal support). | 5 U.S.C. § 8346; 10 U.S.C. § 1440 |
| Railroad Retirement benefits Exempt from creditor garnishment. | 45 U.S.C. § 231m |
| Federal student aid (some) Federal student-loan collection itself follows separate administrative-wage-garnishment rules (capped at 15%), with its own hearing rights. | 20 U.S.C. § 1095a |
When a bank gets a garnishment order, federal rule REQUIRES it to look back 2 months and automatically protect federal benefit payments (Social Security, SSI, SSDI, VA, federal retirement, railroad retirement) that were directly deposited — without you filing anything. The protected amount stays accessible.
The gap: The auto-protection only covers DIRECTLY-DEPOSITED federal benefits within the 2-month lookback. Benefits beyond 2 months of accumulation, benefits received by check then deposited, or funds commingled with non-exempt money are NOT auto-protected — for those you must file a claim of exemption to get the freeze lifted.
A single state-specific packet you can fill in and file:
Self-help document templates. Not legal advice or representation.
Federal 25% cap (Virginia follows the CCPA) (Va. Code § 34-29). See full Virginia exemptions and how to stop a Virginia garnishment.
Filing bankruptcy triggers an automatic stay the instant the petition is filed — it legally STOPS most wage garnishments and bank levies immediately, before any hearing. It can also let you recover certain amounts garnished in the 90 days before filing (preference). This is a powerful but consequential step with long-term credit and asset effects.
Whether bankruptcy is the right lever (and Chapter 7 vs 13) depends on your whole financial picture, your assets, and your exemptions. This is exactly the decision to take to a bankruptcy attorney — do NOT decide it from a web page.
A consumer-debt or bankruptcy attorney can file the right objection before your window closes — and can tell you whether the bankruptcy automatic stay should stop the garnishment now. Most offer a free consultation.
Find a debt / bankruptcy attorney →