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.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
10 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Pension Garnishment Laws

A garnishment is a way of collecting a monetary judgment against a defendant by ordering a third party (the garnishee) to pay money, otherwise owed to the defendant, directly to the plaintiff. If the debtor receives income from a pension and deposits the income into his or her bank account, a judgment creditor could garnish the debtor's pension income by taking money from the debtor's bank account, also called a pension garnishment.

However, most people are unaware of the Pension Garnishment laws. They tend to ask “can pension benefits be garnished?” However, it may feel that they do not get a correct answer. People may turn to Experts for further insight. Listed below are five of the Top Pension Garnishment Questions.

Can the state of Nevada garnish a party’s pensions for unemployment over payment?

If someone’s pension involves a public employee benefit plan, then it would typically be exempt from a judgment. Nevada Revised Statutes Section 21.075 - Civil Practice Certain states; benefits and property owned by you may be exempt from execution and may not be taken. The following is a partial list of exemptions:

(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

(c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

Can a student’s loan garnishment, be attached to their pension in the state of South Carolina?

In most situations, no, South Carolina law generally exempts from garnishment for debts the debtor's right to any payments under pension plans qualified under ERISA as well as individual retirement accounts. This rule is found in South Carolina Statutes Section 15-41-30. If the retirement funds are deposited into a bank account, the creditor may try to levy the bank account, but if the funds are traceable to a retirement benefit, an exemption can be claimed.

Someone gets a Social Security pension, a Veteran Affairs pension, a Postal pension, and a teamster pension. Can a credit card company garnish any of these things?

Pensions and social security are exempt from garnishments. The creditor should file a lawsuit and get a ruling before they can garnishment anything.

Can someone’s pension be garnished, for delinquent or nonpayment of medical bills?

West Virginia establishes fewer exemptions than most other states. Pensions can depend on the type - public worker pensions, including teacher pensions, are protected from garnishment, but private pensions or retirement benefits are not, generally. However, private retirement benefits enjoy exemptions in bankruptcy proceedings, but not from garnishment more generally. So if the debts are huge, that is a viable consideration as an avenue to take.

If a pension plan is covered under Employee Retirement Income Security Act (ERISA), then there should be a mandatory spendthrift provision that protects it from general creditors (not including state and federal taxes, child support and spousal support arrears, etc.). The hospital, if private, (but it is not clear if it is a State or Government hospital debt if the protection will apply) will likely be seen as a general creditor and won't be able to garnish.

In the state of Missouri can someone’s pension from an employer be garnished or their social security?

Pension or social security can only be garnished for back child support, student loans or taxes. They are exempt from all other types of garnishments.

Pension Garnishment can be confusing for the normal person that is not aware of the pension garnishment laws. There are many people that are facing pension garnishments and have many questions and no answers. By asking the Experts individuals can get their questions answered fast and affordably.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
10 Employment Lawyers are Online Now

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.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Pension Garnishment Questions

  • My employment contract clearly states that I have off on

    My employment contract clearly states that I have off on national holidays. My boss asked me to work Thanksgiving day. I told him no. I am not working Christmas day, and he didn't and won't ask me to work Christmas day, but I am worried he will ask me
    to work New Year's day. I'm worried he will mention it at the last minute too, and that he will be casual like it was expected all along that I would work New Year's day. Am I within my rights to refuse, citing my employment contract that says I have off on
    national holidays? What if he takes some punitive action against me? What recourse do I have?
  • I was let go from my job in august 2014. I am a pipe welder

    I was let go from my job in august 2014. I am a pipe welder and still had in my possession 3 company tools. approximately 45 days after leaving, I told my foreman that the owner needed to contact me and make arrangements if he wanted his things. (over the course of 3 yrs that I worked for him I would on many occasions weld various projects at my place , store tools and equipment and etc. I would call him to talk about what I was having to do but he had no care or concern and usually would just avoid me).
    Anyways , back to making arrangements with me to get what i have. I never heard anything from him, so I basically decided I would keep what I have because he told me that if I would take over the position I was in, he would give me $2 an hr more and he would pay $250 a month towards insurance . well, it was a year and a half later when I finally got the $2 and when I finally decided to get insurance the first of this year, he paid $200 a month for 2 months. In August I found out that he quit paying towards insurance after the 2nd month. thats when I got "let go", because I asked why he hadnt paid for 5 months and didnt even say anything to me . Now 3 months later he sends me a text message saying he needs to come get his things.! can this asshole do this?
  • I contributed to a labor union medical plan, paid to an account

    I contributed to a labor union medical plan, paid to an account based on hours worked. The account balance was available to me for all medical related expenses. I left the union to work for a private employer doing completely different work. After nearly 4 years of using the account as well as having the union reduce my account by $65 per month at first, and then by $369 per month in the name of an "opt out fee" for opting out of the plan, said union suddenly decided to terminate me from the plan. Saying that since I am not ready, willing, and able to go to work, I can not participate. I was paying a (subjective) fee to "opt out". Can they legally shut me out and take my balance (around $20,000)?
< Last | Next >
View More Employment Law Questions