help //judgement
Date: Sat, 03/13/2010 - 13:52
I was not sure about pensions so I did a little searching and fo
I was not sure about pensions so I did a little searching and found this federal statute:
Employee Retirement Income Security Act of 1974 (ERISA), Pub.L. 93-406, 88 Stat. 829.
You can read about it here: http://www.law.cornell.edu/uscode/29/usc_sup_01_29_10_18.html (not sure if this link violates TOS if it does please remove with my apologies.)
which seems to me that your pension is safe. In order for your bank account to be safe it would need to have NO other monies going into it except the exempted funds. You could then send your bank a letter stating that all funds in the account are protected and they should refuse any levy orders. The bank may not be able to do this, but it may grant you some protection. If your account was frozen anyway, you would have to file a notice of exemption with the court and attend a hearing. I know you said you were bed-ridden, but that is the only way to get the levy lifted if it happens.
Now, to get a judgment holder to accept your payment arrangement you have to make it attractive to them which in your case would be any amount you offered since they have no other way to get paid. You should also check to see how much the interest is because you would not want the majority of your payment to be towards interest while the balance remains mostly the same.
You could try to send a letter to the judgment holder offering your payment plan if they agree to waive interest, otherwise they will never see a dime as all of your funds are protected. They might go for that if that was the only way they are getting paid.
You could also just simply send them a payment each month, but as I said you would have to figure out what the interest each month is to accurately determine how long you will be paying it.
typically speaking, private pensions are subject to levy, wherea
typically speaking, private pensions are subject to levy, whereas gov't pensions are
exempt. check your stats laws.