QUESTION

Can they garnish my federal government pension or freeze my direct deposit?

Asked on Jun 08th, 2012 on Bankruptcy - Michigan
More details to this question:
I got behind in a regular bill (not taxes, child support or any govt office) and now they have a lawyer who is harassing me. I want to pay but they won't accept my payments. I am a former government work and receiving a federal government pension. Can they garnshee my check or put a freeze on the checking account I have direct deposit to?
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5 ANSWERS

Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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Under federal law, pensions cannot be garnished. Bank accounts, however, can be garnished. Once your pension is deposited into the account, if the creditor has a judgment against you, the creditor can apply for a writ of garnishment from the court. If issued, then the bank will have to seize funds from your account to pay the amount listed in the garnishment. If you are also receiving social security benefits, and those are being deposited into the same account, there may be additional protection for you. You should consult an attorney for more specifics.
Answered on Jun 19th, 2012 at 4:52 PM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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They cannot garnish the retirement account. However, they can garnish your bank account after the retirement funds are deposited.
Answered on Jun 19th, 2012 at 9:20 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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It depends on the state where you live. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jun 18th, 2012 at 9:48 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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They may have difficulty intercepting your checks poor to deposit, but generally, once the funds are in your account it is fair game. You need an attorney to deal with their attorney!
Answered on Jun 18th, 2012 at 9:45 PM

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Business Formation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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They cannot garnish the pension at the source which is the government. However, once the money is deposited into your account they can garnish the account. Thus once it is in your account the entire amount can be garnished.
Answered on Jun 18th, 2012 at 9:42 PM

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