Debt Collecter

[zddoodah]

Please answer the question I asked in post #9 in the thread.

Can they attach my pension?

Maybe. If your pension is protected by ERISA, it won't be subject to garnishment/levy in connection with a civil money judgment.

 

[quincy]

kcnalp, how much is it claimed that you owe?

The following link with information from Indiana Legal Services shows common exemptions for Indiana judgment-debtors:

https://www.co.delaware.in.us/egov/documents/1558721205_03396.pdf

 

[kcnalp]

kcnalp, how much is it claimed that you owe?

The following link with information from Indiana Legal Services shows common exemptions for Indiana judgment-debtors:

https://www.co.delaware.in.us/egov/documents/1558721205_03396.pdf

Nearly $1800.

 

[kcnalp]

kcnalp, how much is it claimed that you owe?

The following link with information from Indiana Legal Services shows common exemptions for Indiana judgment-debtors:

https://www.co.delaware.in.us/egov/documents/1558721205_03396.pdf

GM UAW

 

[quincy]

Nearly $1800.

GM UAW

Thank you for answering the questions asked.

Following is a link to an Indiana Appeals Court case (1989) that determined “private pension benefits were not intended to be covered” by the federal exemption that protects some benefits like Social Security retirement benefits from being used to satisfy debt judgments.

https://law.justia.com/cases/indiana/court-of-appeals/1989/27a02-8712-cv-511-6.html

Once these pension benefits are paid out, they are no longer exempt - which means that any pension funds deposited in your bank accounts are vulnerable.

You should speak to an attorney (perhaps at Legal Aid) to verify, and to learn how best to proceed in the lawsuit filed against you. As an additional note, the $1800 is not a small amount of money but it does not appear worth filing for bankruptcy over unless you have additional debts you cannot pay.

Good luck.

 

[kcnalp]

Thank you for answering the questions asked.

Following is a link to an Indiana Appeals Court case (1989) that determined “private pension benefits were not intended to be covered” by the federal exemption that protects some benefits like Social Security retirement benefits from being used to satisfy debt judgments.

https://law.justia.com/cases/indiana/court-of-appeals/1989/27a02-8712-cv-511-6.html

Once these pension benefits are paid out, they are no longer exempt - which means that any pension funds deposited in your bank accounts are vulnerable.

You should speak to an attorney (perhaps at Legal Aid) to verify, and to learn how best to proceed in the lawsuit filed against you. As an additional note, the $1800 is not a small amount of money but it does not appear worth filing for bankruptcy over unless you have additional debts you cannot pay.

Good luck.

Thank you!

 

[quincy]

Thank you!

You’re welcome, kcnalp. I appreciate the thanks.

Good luck.