Can a pension check be garnished?

Answer 1

Yes.

And the money once deposited in a normal bank account loses it's identity and can be seized, etc like any other.

Clarification:

Social Security checks are only subject to garnishment by the federal government to fulfill certain obligations, such as child support, alimony payments, past federal tax debt (up to 15% of the monthly benefit), non-tax debt to other federal departments, and victim compensation payments.

Regular creditors cannot garnish or levy social security income. However, as the person above points out, once you're in possession of the money it can be difficult to distinguish government income from other sources of income, and your assets are all placed at risk.

You can protect your social security benefits by opening a separate bank account used exclusively for your government check(s). Any debt collector who attempts to file a levy against that account would be in violation of Section 207 of the Social Security Act (42 U.S.C. 407).

Answer 2

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 income 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 .

Answer 3

The answer to this depends on what state you are in but typically pensions and ERISA benefits are on the list of exemptions from bankruptcy.

Answer 4

Pension, yes. Social Security, no.

Answer 5

pensions cannot be garnisheed