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Can Michigan pensions be garnished by a debt collector?
Answer Possibly, because WCI is a state regulated program, any legal action that could be taken by a creditor would depend upon the personal property exempt…ion laws of the state.
Garnishing Pension Payments The short answer is NO. All Social Security benefits and most private pensions are exempt from creditor judgments. SS, SSi…, SSD are all completely exempt from any garnishment or seizure. On the other hand, your pension depends on the type and what your state statutes allow for exemptions. Every state has set exemptions for Chapter 11, 7, 13, these also apply to any judgment granted in a lawsuit. More than likely your pension will be completely exempt. The poster might wish to contact their state's department of senior services to learn what assistance might be available to the involved parties. Also consulting the Fair Debt Collection Practices Act might be helpful in dealing with aggressive collection agencies.
Answer No. * All Social Security benefits, RRB, government civilian, military, all disability and some private pensions are not… subject to creditor action. States establish exemption laws, therefore some private pension plans are not fully protected by federal law and can be subject to creditor garnishment. All such benefits should be held in a separate account and made by automatic deposit. Exempted income should never be commingled with other funds, as this can result in a bank account being "frozen" by the court until an assessment is made as to what percentage of the funds are exempt from garnisment. (Exemption laws do not apply to federal or state tax arrearages, child support or in some cases spousal maintenance.)
Answer It depends on what state you live in . I live in Florida
Can an Ohio debt collector garnish your spouses income in Michigan if the debt was originated in Michigan-Are they bound to Ohio law or Michigan law?
The rule is the debt collector is bound by the laws of the state the collection action is being taken in. If the debt collector is not licensed or authorized in that state, it… cannot legally act to collect the debt. Check with your state agency that licenses debt collectors. The debt collector can retain a local attorney to collect the debt, of course, and that would be under Michigan Law.
Yes. Most of the time, it will undergo to some legal process or even a court order.
Pensions can be garnished. They are considered taxable income. It is possible, however, that the amount of your pension doesn't allow for garnishment. There is a minimum incom…e limitation, and if you're under that amount, they cannot garnish. It also depends on the type of pension and exemption laws in your state. Some pensions are totally exempt from garnishment for commercial debt (but could be garnished for child support or alimony). You really need to check your state laws. Many states protect certain pensions or a portion from garnishment just as federal law protects social security benefits, military retirement and veterans benefits from garnishment for commercial debt. Contact a legal professional to get the best .
No I no this is true yet a one Calvary collection agency is threatening to sue.. And force me to pay I am sick of scam corporations threatening people that have already lost w…hat they had weather its a house or car or credit from a loan these people should have known that there high interest rate on there loan would cause a default making it there fault and i am sick of hearing about these criminals harassing Americans that have already lost there good name-- from fraud. It is not these people who should suffer but the corporations that made them pay-- ten times the amount of what that thing was they gave; Whether money or good's its a crime' to charge a person for something they could never have ever been able to pay. period. I am a friend of the above stop this practice now...
YES! YES! YES! I am disabled and since disability income cannot be garnished, a local collection agency collected by garnishing my husband....TWICE last year for 3 medical bil…ls incurred by me in 2005. They absolutely can and will... HH Wash State
Yes. You need to see a lawyer to understand your legal options.
No. The only garnishment allowed against unemployment benefits are spousal and child support.
All Social Security pensions and benefits are exempt from creditor judgment by federal law. Military pensions, federal government pensions are also exempted from creditor atta…chment. Private pensions are regulated by the laws of the state in which the person resides, therefore they may or may not be subject to garnishment.
I perform consumer collection management of past due accounts, aged receivables, and down the list all the way to legal collections. While performing collections for a finance… company that specializes in creditor's rights during bankruptcy proceedings my job entailed being attentive to detail as I'd pursue debtors to other states. I don't believe in harassing NEVER had to use any of those cowardly tactics. I aim at a win-win objective where customer & client mutually gain. Your best bet is to review the laws of each state. Whether the debt collector has his own legal dept they still have to present themselves at court and 'if' they are awarded a judgment than they can execute. Not many collection agencies would consider litigation unless they're pursuing a substantial balance as they still have to account for fees & cost upfront, which, later they will add it on to the balance. I offer a bit of advice as I'm against abusive collectors that are quick to judge and don't offer options whether they're retained by the client. My advice to you is don't evade the problem and face it technology will rewrite the laws and everything will be based on credit from obtaining employment to renting. If I offer reasonable negotiations by scheduled payments, discounts and even hardship programs I'm sure other collectors do, too. Plus, there are laws that show you steps on how the collector is to behave when contacting you. Give it a try and best of luck.
As with most financial topics, the answer is, "It depends." This is subject to state law; therefore, the answer will vary by state. In my state, the cash value of life insuran…ce, which comes in large part from dividends, is protected from creditors. It is not protected should the owner declare bankruptcy.
Sure, unless he runs out of condiments. Couple of weeks between refills unless they switch over to cinnamon, which is way more efficient.