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Best Answer: Social Security benefits are normally considered judgment proof. Which means they can not be garnished (taken) You can still sue them but if the person who owes you money only receives income from social security then you can not collect from them. The lawsuit will remain on record however and if social security benefits stop and/or there is another source of income.
In determining whether social security proceeds count as income in bankruptcy, the answer is both yes and no.he trustee may file a motion to dismiss when the exclusion of social security income in the means test allows for a person to qualify for a Chapter 7 bankruptcy, but a positive excess in Schedule I would indicate abuse because the debtor has excess funds available to pay their unsecured creditors.