[Brenok]

Hi - I am in the initiial stages of responding to a summons - in my answer I am including an affirmative defense that my income is only from civil service retirement, an exemption to garnishment. My question is:

Just to be prepared, is it a bad idea to give a letter to my bank where I have direct deposit that my funds are civil service retirement and not subject to garnishment in the case of a future judgment?

[George_1950]

It is a great idea; you should cite the provision of law upon which you base this conclusion.

[Brenok]

Oh wow George, thanks again for your help - I know there are tons of questions on here that go unanswered so you are sincerely appreciated!

[George_1950]

Brenok writes: "my funds are civil service retirement and not subject to garnishment". Are you certain this is correct? Do you have a legal citation? What state do you live in?

[Brenok]

Oh yes, I am sure about it - I checked with the Office of Personnel Management where I get paid from as well as many other areas of law regarding debts and attachments. I live in Oklahoma and there is also an exemption here for Federal civil service retirement against attachment and garnishment. I just have to file a legal exemption form if this mess goes further. Here is the Federal citation:

Civil Service Retirement funds are exempt from attachment, levy or garnishment of commercial debts. 5 U.S.C. § 8346(a)

Thanks George!

[Fr_Chuck]

Yes, the actual check should be exempt, but the question is will the money in the bank, all be exempt, Is there money ( savings) for example from when you worked, or from gifts. Also as in with some areas, the actual bank account is considered "fair game" so people have to stop direct deposits, and not use bank accounts.

This may be my only maybe, not up on OK law, as to their rulings on this, but while your actual check may not be able to be touched, once the money is in a bank with possible co-mingled funds, it may well be able to be attached.

[Brenok]

I understand that as long as the only funds that are deposited in that account are from my retirement, the bank cannot legally release them, especially if I file an exemption certificate with the court that is given to the bank if there is a judgment. I understand it is the "funds" not attachable - regardless if it is a check or direct deposit. I have no other choice but direct deposit with my annuity, so that would be unfair to us on limited funds. I don't have any other savings or accounts that attachable. Hopefully the scum sucking attorney won't go further with this mess after I file the answer. Thank you all.