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rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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My wages are currently subject to garnishment. $9,000 of ...

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My wages are currently subject to garnishment. $9,000 of the $25,000 total has been taken from my income thus far. I will be retiring in August of this year. I understand that they cannot garnish my pension. What are my legal obligations when I begin my retirement?


The unpaid amount of the judgment remains. The wages will no longer be a source of payment for the creditor and the pension is exempt. They can try to find personal assets. The judgment is a lien against all real property you own. They can go after that but may not be able to if you own with another as joint with survivorship. If you win the lottery they can attach that.


Customer: replied 9 years ago.
Can I offer to make payments that were equal to the amounts that were being taken from my wages? I want to be proactive rather than have them pursue further litigation.

You can propose that. If they agree, get it in writing and get their promise that ....."....they will NOT make any attempts to satisfy the judgment from any assets of yours and that they waive all rights in law and equity to do so as long as you make the payments you have promised in a timely way as provided for in this agreement."


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