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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33911
Experience:  Began practicing law in 1992
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Are pension funds subject to garnishment in Georgia ?

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Are pension funds subject to garnishment in Georgia ?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Subject to garnishment for what?

JD 1992 :

What kind of "pension funds"?

JD 1992 :

Have the pension funds been released to the pensioner, are they being paid monthly, etc?

JD 1992 :

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I received a Positive Rating, which I appreciate but still haven't completed an answer to your question. If you can answer the questions I posted above then I can assist you in understanding how GA looks at garnishments of pensions.
Customer: replied 4 years ago.

"These are retirement pension funds.

I receive pension payments monthly.

What type of garnishment? Credit card, child support, alimony, taxes. etc?
Customer: replied 4 years ago.

The judgment being sought is for non payment of assessment fees. I am prepared to offer the two condos in question to the association for settlement of the entire debt to also include attorney's fees.


I do not want a garnishment to be issued against my retirement pension.

First, they have to get a judgment against you before they can garnish anything.

After they get a judgment, and assuming they do, they can't garnish any social security funds and they usually can't garnish any retirement/pension plans. However, once the checks are written and funds disbursed to you then in GA they can garnish those funds under GA Code 18-4-2 which you can see at

They also cannot garnish the pensions of state or federal employees at any point.

In short, they can garnish the checks that are sent to pensioners from a private company's pension plan but not the funds that are in the plan itself. And they can only garnish 25% of the funds that are sent.
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