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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 25427
Experience:  16 yrs. of trial experience
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My child is a sexual assault survivor, and it appears that

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My child is a sexual assault survivor, and it appears that the perpetrator will plea and is headed to jail.

Because of the expenses we have incurred, plus the ongoing care he will need for the rest of his life. I would like to file a civil suit against the perpetrator. He does have a generous pension that we would like access to for my son's ongoing medical and psychological care.

Is it possible to collect directly from his pension for the crime this predator has committed? Seems like the right thing to do. Thank you...
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

It depends on the type of pension...can you tell me, what type of pension is this?

Is it a Veterans Pension? Is it from his employer?
Customer: replied 1 year ago.

Hello - Thank you for the quick response. This pension is from an employer. It is a New York based financial services company if that helps. The perpetrator was an ex-coworker of mine....I can probably find out more information.

Expert:  P. Simmons replied 1 year ago.
Thank you.

NY law is not helpful for pension garnishment...is the company that is paying the pension also located in Texas? That is, did he earn this pension working in Texas? Or while in NY?
Customer: replied 1 year ago.

There is a remote office in Texas in which he worked as well. He transferred from New York to Texas, and was terminated about 3 years ago. Same Company

Expert:  P. Simmons replied 1 year ago.
Thank you

The potential problem you face will be the nature of the pension

Even if the office has an office in TX, if they are incorporated in NY, and you want to garnish (take by court order) the account, you have to go through the NY court (since that court has jurisdiction)

Now...you would file the suit and gain judgment in Texas...that is the state with jurisdiction over the actual trial.

And what you describe? You have a great case. If the person takes a plea agreement, that makes the civil trial easy.

The only issue will be collection.

You get the judgment in the Texas court...easy enough...

But then you have to find assets to collect. If they are in NY, you have to go to the NY court to enforce the judgment. They will...that is, the NY court can enforce the TX judgment, however, NY Code - Section 5205 holds that pensions are exempt from garnishment. So you can not take it directly from the pension provider

You CAN take it from the bank account. If he is in prison, and the money is going to a bank account, if the account goes over the minimum level for attachment (approx $1700) that money is free for the sheriff to take to satisfy the judgment.

OR, if the person has any other assets (real property, personal property, other income) you can seek that.

ALSO, it may be you can negotiate a deal...your judgment will hang over his head for a long time...it may be they agree just to pay up part of his pension just to settle the case.

BotXXXXX XXXXXne: It sounds like you have a great case for judgment.

You will want to have the lawyer do an "assets search" to see what assets are available. If it is only the NY pension, that may be tough to collect on. But if there are any other assets, it would be worth ganign the judgment.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 25427
Experience: 16 yrs. of trial experience
P. Simmons and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I appreciate the feedback. This has been very helpful, and given me a good starting place. Thank you!

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