Is disability retirement pension from ny subject to garnishment in fl by cc creditor

[OHBOY]

This question for a friend of mine who is wondering if her Disability retirement pension that she receives from NY is subject to attachment/garnishment in FL (his residence State) by credit card creditor following a judgment.
She intends to file bk at a later date, but is not ready yet.
I read FL Statute but remain confused, not sure if Statute also applies to Disability Pensions received from out of State.

Input appreciated.

[AngelinaCat]

It is my understanding, though I will double-check, that SS and Disability are exempt from garnishment, unless the creditor is the IRS. And if your friend is 'Head of Household', then only a certain percent can be garnished.

[LadyInTheRed]

Here's an article that confirms AC's understanding. It includes links to Florida Law. http://www.alperlaw.com/asset-protec...ry-exemptions/

[OHBOY]

Here's an article that confirms AC's understanding. It includes links to Florida Law. http://www.alperlaw.com/asset-protec...ry-exemptions/

Thanks 'cat' & 'lady'
Yes, I also previously had read Alpers definitions but remain confused as he states:
"Florida Statutes specifically includes under the protection umbrella pension plans designated for teachers, county officers and employees, state officers and employees, police officers, and firefighters."
My friend receives her disability pension from her former employment as a NY State officer, so I don't know if that FL statute pertaining to pension plans applies to FL State officers only, or if the statute applies to all of FL residents no matter where the pension originated (?).

[LadyInTheRed]

The article is just giving examples of what is included under "the protection umbrella." Including one thing doesn't mean other things are excluded. Read the actual law in the links provided in the article.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.18.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.18.html

I think Florida law will protect the benefits after your friend has received them. She should probably file the affidavit referred to in Section 222.21. Now, it could be that if they try to go to NY to collect the money before it is sent to her, they could get around the FL exemption. I believe NY has similar exemptions, but I don't know if they apply to non-residents.

Your friend should consult with an attorney to make sure her benefits are protected and that she files any affidavits that need to be filed. She might also try calling the New York Retirement System. Their website specifically mentions that benefits can be garnished for alimony, child support and federal taxes. But, it doesn't say anything about creditors. http://www.osc.state.ny.us/retire/pu...5.php#chapter1

[OHBOY]

The article is just giving examples of what is included under "the protection umbrella." Including one thing doesn't mean other things are excluded. Read the actual law in the links provided in the article.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.18.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.18.html

I think Florida law will protect the benefits after your friend has received them. She should probably file the affidavit referred to in Section 222.21. Now, it could be that if they try to go to NY to collect the money before it is sent to her, they could get around the FL exemption. I believe NY has similar exemptions, but I don't know if they apply to non-residents.

Your friend should consult with an attorney to make sure her benefits are protected and that she files any affidavits that need to be filed. She might also try calling the New York Retirement System. Their website specifically mentions that benefits can be garnished for alimony, child support and federal taxes. But, it doesn't say anything about creditors. http://www.osc.state.ny.us/retire/pu...5.php#chapter1

Impressive help ! Thank You 'lady'