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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33104
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can Military Retirement pay be garnished for a civil law suit

Resolved Question:

Can Military Retirement pay be garnished for a civil law suit ?
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to help

military retirement pay is subject to garnishment. To obtain a garnishment the creditor would first need to go to court and obtain a judgment. The with the judgment the could apply to dfas for garnishment.



Customer: replied 7 years ago.
This case has only been filed, will not go to court for months; he would like to protect his retirement for his two sons, is any way he could set up a trust fund now?
Expert:  P. Simmons replied 7 years ago.
That will be very tough. Once a suit has been filed the ability to protect assets with a trust is limited at best. Much better perhaps to focus on defense of the suit or settlement
Customer: replied 7 years ago.
He has a allotment coming out of his retirement that comes to me ,his dad, every month direct to my residence; can they stop that?, This check has been coming for several years.
Expert:  P. Simmons replied 7 years ago.
They can not stop an allotment. BUT a garnishment will have "head of line privileges". In other words, the garnishments will be paid first PRIOR to discretionary allotments.
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