QUESTION
Can my government pensions an Social Security be garnished?
Asked on Aug 21st, 2012 on Bankruptcy - New Jersey
10 ANSWERS
Social Security cannot be garnished by creditors.
Answered on Aug 23rd, 2012 at 1:47 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Not until they get into your account.
Answered on Aug 23rd, 2012 at 1:47 PM
Keven A. McKenna
Depends on the exemption statute. Does the IRS treat defer compensation as a pension is deferred? Both are taxed when someone is in a lower tax bracket. Title 11 and Title 28 may however use different definitions in different contexts. Nuanced legal research needs to be done.
Answered on Aug 23rd, 2012 at 1:47 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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There is federal law that protects social security from all traditional creditors, except some federal debts. Depending on the state where you live pensions may be protected. Talk to an attorney experienced in these areas in the state where you live.
Answered on Aug 23rd, 2012 at 1:46 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Your social security cannot be garnished. As for your pensions, that is state specific.
Answered on Aug 23rd, 2012 at 1:46 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Yes if they are deposited in a bank account. Social security is a touchy issue even if deposited. However, it may need to be litigated. Your pension can also be attached at the source.
Answered on Aug 23rd, 2012 at 1:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Florida Statutes make these items not subject to garnishment. They are exempt.
Answered on Aug 23rd, 2012 at 1:43 PM
Bankruptcy Attorney serving Grand Rapids, MI
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Hunter Law Offices, PLLC
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The general rule is that social security benefits cannot be garnished directly out of the check or once deposited into a bank account. Qualified pensions cannot be garnished either. However, once a pension is deposited into a bank account it can be garnished. The exception to the general rule is that your Social Security or pension can be garnished if you owe back child support, or money to the state, local or federal governments.
Answered on Aug 23rd, 2012 at 1:43 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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No, both Social Security and Government Pensions are exempted in Colorado.
Answered on Aug 21st, 2012 at 5:11 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Negative, they cannot do that.
Answered on Aug 21st, 2012 at 5:10 PM