Legal Question in Credit and Debt Law in Tennessee

Re: Pension Garnishment

I am not an expert on collections law; however, we know that OJ Simpson's pension could not be garnished when the parents of Nicole Simpson won a civil judgment against him. But it seems that the only income that is exempt from garnishment is that protected by law, e.g., disability income. I am not sure all pension income qualifies, because some people have million-dollar pension income. You should bring with you proof of several bank statements showing the only source of income going into the account is pension and social security. Then ask the judge to take the time to research the law if he does not already know if pensions are excluded from garnishment in these circumstances.

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Re: Pension Garnishment

You are partially right. A bank holding only social security is not subject to garnishment. The pension, however, is. And this is because you have comingled the social security money and the pension money. Once you do that, the entire balance in the account is subject to execution. What she should do is simply have her bank account hold ONLY Social Security; nothing else. The pension should go into either a separate account or into someone elses account (like a trusted adult child or friend) so creditors could not reach it. NEVER mix social security money with any other money again or ALL the money becomes fair game to garnish.