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Can my Govt. Pension be taken as part of a "Law Suite"?

 
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  • Answered by:wallstreetfighter
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Can my Govt. Pension be taken as part of a "Law Suite"?

 

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State/Country relating to question: Georgia

Already Tried:
We have waited for us to receive "Notice of a Suite for Damages" in New Jersey.MY lawyer will respond-he asked me if I knew weither my pension could be involved too. will look for an answer too,

Submitted: 283 days and 16 hours ago.
Category: Employment Law
Value: $53
Status: CLOSED
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Expert:  wallstreetfighter replied 283 days and 16 hours ago.


wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

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Expert:  wallstreetfighter replied 283 days and 16 hours ago.

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Expert:  wallstreetfighter replied 283 days and 16 hours ago.

In most States public pensions are protected from Law Suit judgments. Also, if you lose a law suit, you can also file a bankruptcy and wipe out any award you have to pay the Plaintiff, and keep your pensions as well. New Jersey exempts many different kinds of income from garnishment.

  • Public pensions: most states will protect the pensions of actual state workers, but New Jersey goes further. It also exempts from garnishment the pensions of municipal and county employees generally, as well a number of specifically defined public servants, including teachers, prison employees, alcohol beverage control officers, board of health employees...if you are drawing any sort of public pension from New Jersey or a political subdivision of the state, there's an excellent chance it's protected. However, for those in the private sector, the news is not nearly so good, and it appears that private retirement benefits are not exempt from garnishment.
  • Public benefits or assistance: workers' compensation, Unemployment Insurance, crime victim compensation, and aid to the aged and disabled are all protected from garnishment.
  • Insurance and annuities: annuity benefits, up to $500/month; group health or life benefits; military disability or death benefits; and life insurance proceeds in many cases (e.g. if the policy says the proceeds can't be used for creditors; or if the debtor was not the insured).

Accepted Answer

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Expert:  wallstreetfighter replied 283 days and 15 hours ago.

http://www.debtsettlementlawyers.com/resources/debt-settlement/debt-collection/new-jersey-wage-garnishment.htm

The State of New Jersey has exempted the property and income below from seizure
by the bankruptcy court to pay creditors:



Real Property:
None

Personal Property:
Furniture and household goods up to $1,000 [2A:26-4]; clothing, unlimited amount
[2A:17-19]; burial plots, unlimited amount [8A:5-10]; any personal property or
stock in corporation up to $1,000 total [2A:17-19]

Insurance / Annuities:
Annuity contract proceeds to $500 per month [17B:24-7]; group life or health
policy or proceeds, unlimited amount [17B:24-9]; disability, death, medical or
hospital benefits for civil defense workers, unlimited amount [A:9-57.6]; health
or disability benefits, unlimited amount [17:18-12 and 17B:24-8]; life insurance
proceeds if proceeds cannot be used to pay beneficiary's creditors, unlimited
amount [17B:24-10]; life insurance proceeds if debtor is not the insured
[17B:24-6(b)]; military disability or death benefits, unlimited amount
[38A:4-8]

Pensions / Retirement
Plans
: Retirement benefits, unlimited amount
[43:13-9]; teachers, unlimited amount [18A:66-51]; alcohol beverage control
officers, unlimited amount [43:8A-20]; county employees, unlimited amount
[43:10-57 and 43:10-105]; firefighters and police officers, unlimited amount
[43:16-7]; city board of health employees, unlimited amount [43:18-12]; civil
defense workers, unlimited amount [A:9-57.6]; judges, unlimited amount
[43:6A-41]; municipal employees, unlimited amount [43:13-44]; prison employees,
unlimited amount [43:7-13]; public employees, unlimited amount [43:15A-53];
school district employees, unlimited amount [18A:66-116]; state police,
unlimited amount [53:5A-45]; street and water department employees, unlimited
amount [43:19-17]; traffic officers, unlimited amount
[43:16A-17]

Public Benefits /
Entitlements
: Workers compensation, unlimited amt
[34:15-29]; unemployment compensation, unlimited amt [43:21-53]; crime victims
compensation, unlimited amt [43:21-53]; aid to aged and Permanent Disability
benefits [44:7-35]

Wages:
Ninety percent of earned but unpaid wages if income under $7,500, otherwise
court decides amount [2A:17-56]

Miscellaneous:
Business partnership property, unlimited amount [42:1-25]

http://www.bcsalliance.com/debt1_newjersey.html

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 96.9 %
Accepts: 4652
Answered: 7/6/2012

Experience: 13 years experience, Union NYSUT lawyer

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