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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.
Click if you have been sued in small claims. If you have been sued for $10,000 or less in a limited civil case, the plaintiff (the person or company that sued) either could not take you to small claims court (because of the type of case or plaintiff involved) or chose NOT to file in small claims court. For example, in a dispute over whether or not you owe someone money, you can sue in small claims to recover money you paid under protest (which means you have to pay the amount and then go to court to ask for it back). 2  But you cannot sue to get the court to decide whether or not you owe money before you pay it.