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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 ?

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Are pension funds subject to garnishment in Georgia ?

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 :

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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 3 years ago.


"These are retirement pension funds.


I receive pension payments monthly.

What type of garnishment? Credit card, child support, alimony, taxes. etc?
Customer: replied 3 years 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.

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.
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