I have a judgement against me. I am on medicare. I am about to receive a small pension. Can the pension be taken?

Question

I have a judgement against me. I am on medicare. I am about to receive a small pension. Can the pension be taken?

Answer

Generally, no, your pension cannot be taken to satisfy a standard judgment. Some judgments, such as child support, tax liabilities, and others may enable a creditor to proceed against you, however, these are exceptions. Since you do not describe the judgment, this must be a general answer and not specific advice.

Answer

Exactly, I agree with Mr. Martin. You should see an attorney in your area to determine if the judgment against you is collectible or not. Also, be warned that although a creditor cannot take the pension, if there is a judgment against you your bank account can be frozen, in Illinois up to 150% of the judgment amount can be held and you will have no access to your accounts. It can take 30 day or more for you to get a Court Order to release your funds. So even though the creditor cannot take your pension, your money could be tied up for a while and you may need to get an attorney to assist you in having the funds released.