Legal Question in Credit and Debt Law in California
Wage garnishments
after receiving a judgment, and judgment matures, can i garnish a persons retirement check?
Asked on 10/31/02, 7:23 pm
1 Answer from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
Re: Wage garnishments
The answer depends on the type of retirement plan they have. Some are exempt/protected under federal ERISA laws, and others are subject to creditors, so find out what type the debtor has first. If you haven't done so already, you can subpoena the person for a "debtor's exam" to provide you with information about his/her assets.
Answered on 10/31/02, 8:01 pm