If an injury claim goes over my coverage, can my social security or pension be taken?
Question Details: My wife had a car accident. One of the passengers from the other car claimed injury. I have 10K coverage. I receive a pension and social security. Can that be taken? The other party was mostly at fault and refused medical aid at the time of the accident.
No, social security and pensions are exempt from "execution" or "garnishment": that means that a creditor cannot intercept or take them, either in whole or in part (i.e. they can't get a percentage or part of your checks, the way they can garnish or get part of paychecks from work).
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Typically, a person's assets are subjuct to collection for an underlying debt. However, Social Security and pension payments are exempt from collection (i.e. garnishment, levy, or other similar seizure). Accordingly, such income is safe from collection under the circumstances.
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