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Can a NYS pension for garnished for a defaulted student loan the loan is from Citicorp

Delmar, NY |


Attorney Answers 3


More likely than not the retirement plan contains an anti alienation clause and or an anti garnishment clause which means that private creditors like citicorp can not attach those funds prior to them being disbursed to you.

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There is no federal law that protects pension proceeds, only Social Security. Once the money hits the account, you need state law protection or it is fair game.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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I agree with the answers above.

I would just add that you should at lest speak to a bankruptcy attorney. While you can not discharge student loans in a bankruptcy (except in very rare circumstances), you may have other debt that you could get rid of that would allow you to pay your student loan. A bankruptcy attorney will be able to discuss all of your debt with you and help you determine what your options are.

Many attorneys offer free consultations.

Legal disclaimer: This communication is for information purposes only and does not represent legal advice or an attorney-client relationship.

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