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-   -   Can a lien be put on a pension? (https://www.askmehelpdesk.com/showthread.php?t=580382)

  • Jun 6, 2011, 02:04 PM
    SASLCLX
    Can a lien be put on a pension?
    I will be involved in a civil lawsuit. The defendent's home may/may not be in foreclosure (which I'm looking into right now). Other than that he doesn't have anything else tangible to try and seize. I could have his wages garnished, but would just like to know if I could place a lien on his pension?
  • Jun 14, 2011, 11:14 PM
    CeriCat
    IANAL but I can definitely state it's possible under certain jurisdictions to do so. You'd need to check the applicable state and federal legislation that relate to debt collection and also pension income. State legislation can be a tricky one if you and the defendant live in different states then it's up to the judge to decide which state takes precedence or might have to go to a higher court. A local bank or debt collection firm would probably be able to point you towards the correct legislation. But then your lawyer should know also if it's possible. That's what you pay them for, their knowledge of the applicable law, and researching the specifics if they don't know yet to aid your case (I doubt many people have tried to put a lien on pensions usually).
    Oh depending on the source of the pension you might have other issues involved, internationally paid pensions would potentially open up different avenues of legal rights, i.e. immigrants from Holland who worked for any period might have a pension coming in.
  • Jun 15, 2011, 03:31 AM
    ScottGem

    First ANY question on law needs to include your general locale as laws vary by area.

    It is possible, but highly unlikely. It might also depend on the nature of the suit.
  • Jun 15, 2011, 06:26 AM
    AK lawyer
    Quote:

    Originally Posted by SASLCLX View Post
    ... would just like to know if I could place a lien on his pension?

    I don't know what you think a lien would accomplish. Normally the way a lien works is that it sits there until the person tries to sell or encumber the asset. One doesn't normally sell a pension.

    But as far as garnishing the pension is concerned, it is possible. However in most places retirement benefits are exempt. So if an exemption applies that wouldn't work. What state (or country, if non-U.S.) are you in?

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