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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Can retirement benefits in California be garnished due to a

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Can retirement benefits in California be garnished due to a court judgement (unpaid CC bill)? I have no other source of income.

cfortunato :

Hi - my name is XXXXX XXXXX I am a Consumer Protection and Bankruptcy attorney here to assist you.

cfortunato :

Retirement benefits (private and public) are specifically exempt (protected) from collection efforts by most judgment holders.

cfortunato :

This is pursuant to Calif. Stat 704.110 and 704.115.

cfortunato :

There is, however, a general exception to the above rule, which does not apply to domestic support obligations (child support, etc.).

cfortunato :

Of course, the exception would not apply to you, since your judgment is for CC debt.

Customer:

Hi Chris, I did forget to indicate that this is NOT SS.It's a retirement benefit form a local city government being paid by CalPERS (in CA).

Customer:

I should have said "being paid through CalPERS, and the warrents are issued by the state of CA. Any difference?

cfortunato :

Yes - I did understand that you are not asking about SS income. In California, all pension income is exempt from collection - whether the pension is from a public or a private source.

cfortunato :

The applicable statute for public pensions, such as yours, is Calif. Stat. 704.110, which you can see here:

Customer:

*sigh* Ok, thank you very much for your help.

cfortunato :

You're welcome!

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