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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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can retirement pensions be garnished as well for ...

Resolved Question:

can retirement pensions be garnished as well for social security benefits?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.


I would be happy to assist you.

Please elaborate further on your question. you mean in bankrutpcy can retirement pensions be garnished? Also please provide the state you reside.

Customer: replied 8 years ago.
no, I am not interested in filing bankrupcy. My concern is debts that go unpaid such as credit cards a mortgage. I live in Michigan.
Customer: replied 8 years ago.
You are telling me the question was answered. What was the answer? All I received was another question of which I responed to, now all I am getting are concerns about payment by accepting the response. I cannot accept what has been given thus far. Please help!
Expert:  VanDLaw replied 8 years ago.
Sorry!! I hit the answer button by mistake I meant to hit the "need info" button!!
Customer: replied 8 years ago.
How much more info do you need? I am concerned with garnishment from credit cards and mortgage. I live in Michigan and my only income is medical retirement pension and social security benefits which is based on medical disability. Thank you in advance to your response.
Expert:  VanDLaw replied 8 years ago.

Again sorry for the confusion on the request.

Several types of income are exempt from garnishment, including social security, aid to families with dependent children, general assistance, unemployment compensation, and workers' compensation benefits.

Federal law (15 USC 1671 et seq.) restricts garnishment of earnings (including payments pursuant to a pension or retirement program) to 25% of disposable earnings per week (or, thirty times the federal minimum wage, whichever is less). So if the creditors did receive a judgment this may apply. They can also garnish bank accounts regardless of where the funds come from.

Remember that they must first obtain a judgment and then execute on the judgment, merely owing the money does not allow them to just attach assets. Please let me know if this leads you to more questions.

VanDLaw and 2 other Bankruptcy Law Specialists are ready to help you