Legal Question in Bankruptcy in California
when one files for Bankruptcy and is retired and receiving a penion AND Social Security can the creditors garnish your pension and Social Security to settle the debts?
I am in the state of California
2 Answers from Attorneys
San Diego Bankruptcy Attorney The answer is no, however the laws regarding collection of civil judgments are not self enforcing things, therefore it is up to you to take the appropriate legal action. If you win you are probably entitled to attorneys fees paid by the creditor for your efforts.
No, those items are exempt (i.e. protected) in bankruptcy proceedings. Nobody, not your creditors, not the bankruptcy trustee, etc., may take those assets. Should you wish to talk further about this, I'm located in Calabasas, which from the zip code shouldn't be too far from you.
Todd Mannis, Esq.
Tel: (818) 591-9890
Web: www.mannislaw.com
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