Legal Question in Disability Law in Florida

pensions and trust funds

Can credit card companies garnish my pensions or trust fund, in the name of my son, if I do not, or can not make payments.


Asked on 3/13/06, 9:59 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: pensions and trust funds

Under federal ERISA law most pension plans are exempt from this type of attachment; and ERISA pre-empts State law. As to a trust, it would depend on State law, based on the type of trust.

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Answered on 3/13/06, 2:50 pm


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