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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: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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7 Employment Lawyers are Online Now

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