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HCLegal
HCLegal, Attorney
Category: Bankruptcy Law
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Experience:  I have filed over a thousand bankruptcy cases.
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When my credit card debt was incurred, I was a resident of

Resolved Question:

When my credit card debt was incurred, I was a resident of New York. When the judgment was issued by New York City Civil Court. I was (and am) a resident of Pennsylvania. If I do not pay the judgment, and the creditor decides to take any action against any of my assets, which rules of exclusion apply? New York's or Pennsylvania's?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  HCLegal replied 2 years ago.

HCLegal :

Hello and thank you for your question here today.

HCLegal :

In order for the creditor to try to collect the judgment against you in PA they will first have to turn the NY judgment into a PA judgment.

HCLegal :

This is not a hard process, but it is something they will have to do in order to go after your assets in PA.

HCLegal :

Now as to your question about rules of exclusion, I think you meant exemptions. Exemptions are what protects your property from creditors.

HCLegal :

In your case since you are living in PA, the PA laws are going to apply.

HCLegal :

It does not matter where the debt originated or where the judgment was entered. What matters is the state that you are living in.

HCLegal :

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Customer:

Very clear. Thank you.

HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience: I have filed over a thousand bankruptcy cases.
HCLegal and other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
RE: Pennsylvania judgment collection

I receive benefits from a private pension, which is not assignable.
How do I go about finding out if the income from this particular pension is excludable?


Expert:  HCLegal replied 2 years ago.
Hello and sorry for the delay in response, I was out of town for the July 4th holiday.

Here is a website that lists all the exemptions in PA.

http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.081.024.000.html

(vii) Any pension or annuity, whether by way of a
gratuity or otherwise, granted or paid by any private
corporation or employer to a retired employee under a
plan or contract which provides that the pension or
annuity shall not be assignable.

It sounds like your pension is safe since it is not assignable.

Please let me know if you have any more questions or need clarification on any part of my answer.

Thanks,
HCLegal
HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience: I have filed over a thousand bankruptcy cases.
HCLegal and other Bankruptcy Law Specialists are ready to help you

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