Creditors' Rights

Question 1

Objections to Judgment Creditor Garnishment

Answer 1

1. funds are exempt from garnishment
2. pending bankruptcy
3. installment payment order supersedes
4. maximum statutory amount already garnished by another creditor
5. judgment is paid
6. garnishment is invalid
7. balance on the statement is incorrect

Question 2

Installment Payment Order

Answer 2

A court-ordered installment payment applies only to WAGES and does not bar garnishment of other sources (e.g. tax returns).

Question 3

Social Security Funds

Answer 3

Social Security funds are exempt by federal statute from garnishment.

The funds are exempt even once they are deposited into a bank account.

(Source AND payment exempt)

Question 4

Retirement Pension Benefits

Answer 4

Retirement Benefits are exempt from garnishment as a payout.

The funds from retirement benefits, once paid and deposited, are NOT exempt from garnishment.

(Source exempt, payment NOT exempt)