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Is my teacher retirement exempt from judgment attachment under ERISA?
An idiot obtained a judgment from me and I want to know if he can garnish my Texas teacher retirement check.
6 Answers
- 1 decade ago
The Constitution of Texas prohibits garnishment of wages, but the prohibition does not apply to non-wage income or assets.
Sec. 28. GARNISHMENT OF WAGES. No current wages for personal service shall ever be subject to garnishment, except for the enforcement of court-ordered:(1) child support payments; or(2) spousal maintenance.
Garnishment of assets other than wages is a common way of collecting a judgment debt. Exempt property is described in Chapter 42 of the Texas Property Code.
Consult your attorney to determine what options you have to protect yourself.
Source(s): years of experience in civil litigation - Spock (rhp)Lv 71 decade ago
what does your attorney say?
Hint: as soon as the money hits your checking account, it loses its character as retirement funds and can be attached at that moment. While I believe the retirement system will refuse any attachment prior to payment, that doesn't help you a whit after the money is received. AND, I'm not an attorney in Texas.
Source(s): grampa - 1 decade ago
YUP - in addition to garnishing, they can freeze any assets you own until you pay the piper.
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- ?Lv 44 years ago
no1home2day, had an fairly thorough answer, whether i might prefer to characteristic a pair of comments. "Sins of the daddy" there's a concept that grew to become into exceeded down from Judaism into Christianity called "sins of the daddy". basically, it potential that outcomes are no longer constrained to the guy who committed the sin, yet additionally to those he's related with. In worldwide places and aspects the place missionaries are no longer allowed (inspite of a few getting there besides), surely everyone seems to be being condemned because of the fact of selections made by potential of others. this concept, on a similar time because it style of feels unfair, in fact is a 2nd examine, something else you should think of roughly till now committing sin. ("no longer purely does this impact me, whether it ought to impact my babies and their babies.") "the way, the certainty, and the life" Nowhere in the Bible does it ever say that lack of know-how of the regulation is innocence of the regulation. actual, it says incredibly the different. upload in the nicely-general verses approximately surely everyone having sinned and that sin is a cost ticket to (eternal) dying, and this is hard to justify Sisterzeal's declare. Jesus stated that He grew to become into the only thank you to earnings salvation ("no one gets to the daddy different than via me"), which potential there is just one way. no longer 2 (Jesus or lack of know-how). "Melchizidek" As grew to become into suggested by potential of yet another poster, there is extra advantageous than one way for God to bare Himself and His actuality. Take the occasion of Abraham and Melchizidek. Melchizdek grew to become right into a clergyman-king who worshipped a deity named El Elyon. Abraham in his seek for the Promised Land, comes for the time of Melchizidek. He supplies Melchizidek the tithe and worships El Elyon, when you consider that El Elyon and Yahweh have been one and the comparable. There are dozens of examples of distant tribes having monotheistic religions that are strikingly such as Christianity (a minimum of in this is precepts, no longer necessesarily the seen factors). The Bible even says that if we don't communicate, the very rocks will cry out in compliment of the Lord. God might no longer be obtrusive, be He easily would not cover himself.