How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 32832
Experience:  16 yrs. of trial experience
Type Your Legal Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My child is a sexual assault survivor, and it appears that

This answer was rated:

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...
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 3 years 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.

Thank you.

NY law is not helpful for pension 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 3 years 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

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) 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 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 and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

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

Related Legal Questions