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truthfinder, Truth Finder
Category: Legal
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Can my Annuity be garnished from a judgement against me?

Customer Question

Can my Annuity be garnished from a judgement against me?
Submitted: 9 years ago.
Category: Legal
Expert:  truthfinder replied 9 years ago.
What type of annuity is this and what is the judgment for? Taxes? Child Support? Debt?
Customer: replied 9 years ago.
The annuity that I am recieving is from when I was disabled and I'm not sure when that runs out but that annuity money is what is locked into my pension from work, so it's like early retirement for me at the time. The judgement against me is from a trial that I went to court without an attorney to represent me and a jury of 12 came up with a "guilty verdict" on my behalf. (Kinda like an O.J. Simpson verdict, not fair but that's the verdict because I never hired an attorney for that trial.)
Expert:  truthfinder replied 9 years ago.
Then yes; it can be.
truthfinder and other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Reply to truthfinder's Post: I'm going to call up my Annuity to have them stop sending me them monthly payments. Will he still be able to get any of my annuity then if I stop it from coming to me? First of all, I just talked with one of the representatives and I can't just stop this monthly annuity because I filled my form out to get this annuity for life. Secondly, I talked with two people from where I get my annuity from and they both feel that, this judgement against me is "exempt" from that garnishment so he shouldn't be able to garnish my annuity. They will have someone else call me who knows for sure, so in essense, I highly doubt that he can garnish my annuity. I pray this is correct! Is there anything you may want to add to this?
Expert:  truthfinder replied 9 years ago.
Normally a regular judgment such as from a personal small claims or civil suit can not and will not allow for the annuity to be garnished as I mentioned previously. I was under the impression that you said this was a judgment in a criminal matter and for that, if owed to the court or the state, then yes. Annuities can be garnished to pay the government (whether local, state, or federal) for criminal matters such as tickets or restitution ordered by the court, for taxes, or for child support......if this is a personal judgment, then it can't be garnished (under most circumstances). I am a bit confused I guess on what the actually garnishment is coming from as it seems your responses have be altered and I am not clear on the actual facts of the matter. Your state has certain specific laws concerning annuities by the amount that can or can't be garnished as well as when they can or can not be (depending on when you began receiving the payments in reference to when the judgment against you was ordered); read HERE beginning with Section 815.18 Property exempt from execution on page 3 through page 5.
Customer: replied 9 years ago.
This was a civil suit against me from my exhusband and because I had no attorney to represent me, I was hung. My Annuity did call back to reasure that he "can not" collect any money from my annuity, off that judgement he has against me, and I thank God for that. Thank you so much for all your advise!
Expert:  truthfinder replied 9 years ago.

You are very welcome...I apologize for the confusion in thinking from your responses that this was a criminal matter, but in a civil action they can not touch your annuity as long as the payments began in the manner described in the state statutes.

May God shower you with blessings!

Customer: replied 9 years ago.
I wish I could afford more money to give you but unfortunately I am not able to at this time.
May God shower you also!
God's Blessing to people like yourself!
Thanks again so much!
Expert:  truthfinder replied 9 years ago.
I am simply thankful that God allowed our paths to cross and gave me the knowledge to assist you! Blessings to you and yours!