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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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Are pension funds subject to garnishment in Georgia ?

Resolved Question:

Are pension funds subject to garnishment in Georgia ?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Subject to garnishment for what?

JD 1992 :

What kind of "pension funds"?

JD 1992 :

Have the pension funds been released to the pensioner, are they being paid monthly, etc?

JD 1992 :

It looks like the chat function may be having problems so I'm going to switch this to a regular Q and A. When you see this post please exit and reenter the question.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27092
Experience: Began practicing law in 1992
Dwayne B. and 14 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Dwayne B. replied 1 year ago.
I received a Positive Rating, which I appreciate but still haven't completed an answer to your question. If you can answer the questions I posted above then I can assist you in understanding how GA looks at garnishments of pensions.
Customer: replied 1 year ago.


"These are retirement pension funds.


I receive pension payments monthly.

Expert:  Dwayne B. replied 1 year ago.
What type of garnishment? Credit card, child support, alimony, taxes. etc?
Customer: replied 1 year ago.


The judgment being sought is for non payment of assessment fees. I am prepared to offer the two condos in question to the association for settlement of the entire debt to also include attorney's fees.


 


I do not want a garnishment to be issued against my retirement pension.

Expert:  Dwayne B. replied 1 year ago.
First, they have to get a judgment against you before they can garnish anything.

After they get a judgment, and assuming they do, they can't garnish any social security funds and they usually can't garnish any retirement/pension plans. However, once the checks are written and funds disbursed to you then in GA they can garnish those funds under GA Code 18-4-2 which you can see at http://law.justia.com/codes/georgia/2010/title-18/chapter-4/article-2/18-4-22

They also cannot garnish the pensions of state or federal employees at any point.

In short, they can garnish the checks that are sent to pensioners from a private company's pension plan but not the funds that are in the plan itself. And they can only garnish 25% of the funds that are sent.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27092
Experience: Began practicing law in 1992
Dwayne B. and 14 other Legal Specialists are ready to help you

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