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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.
Instructions. First you have to decide where to sue someone. You will need to file the lawsuit in the county where the wrong occurred. For example, if you paid someone for work that was never completed in Philadelphia, PA, you would file your suit in Philadelphia county.In small claims court you can usually sue up to $10,000.Get the paperwork. You can usually use the internet to find the paperwork necessary to sue someone.Try typing in paperwork lawsuit and the name of the county where you will file the lawsuit. Once you have the paperwork, the first thing you will do is file a statement of claim.or example, if you paid someone for work that was never completed in Philadelphia, PA, you would file your suit in Philadelphia county. In small claims court you can usually sue up to $10,000. Get the paperwork. You can usually use the internet to find the paperwork necessary to sue someone.