Can monthly private pension checks be garnished?

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Can monthly private pension checks be garnished?

I received a Writ of Execution stating that my bank account will be levied for a judgement. Monies deposited in the account include my monthly private pension checks and my wife’s PERS pension checks. Can this account be levied?

Asked on October 19, 2011 under Bankruptcy Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Pension monies controlled by a third party entity for a judgment debtor such as you are exempt from levy by a judgment creditor by universal statutes throughout this country.The common misconception is that payments to the judgment debtor such as you from the company holding the pension money is exempt from levy after the money is deposited into one's checking or savings account.

This is not true. When one receives a check that technically would be exempt from collection by a levy and places the check into one's own bank or checking account, the exemption is then lost as in your situation by placement your own account's name.

Good luck.


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