Legal Question in Credit and Debt Law in New York

pension

If I have a monthly pension can a creditor garnish it.


Asked on 4/07/04, 2:58 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: pension

I think not. Most retirement income is exempt. You have to be careful because commingling it in a regular account will cause it to become "available" and it canbe restrained. You'd have to then start a proceeding to show the origin of the funds and that they are "retirement funds"...in the meantime they'd be tied up.

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Answered on 4/07/04, 3:27 pm


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