If I have my pension check sent to me and I cash it and put it on a prepaid card or Walmart card, can it be garnished?

Asked about 3 years ago - Tucker, GA

A creditor has a judgement against me and can garnish my checking account. I know they cannot garnish my pension from my county employer, nor can they garnish the social security money from my checking account.

Attorney answers (3)

  1. Jeffrey Branan Kelly

    Contributor Level 12

    Answered . Read the fine print very carefully on the prepaid card. In most cases, its a complete rip off. Why not take advantage of a free consultation with a local bankruptcy attorney and explore your options so that you wont' have worry about this creditor every trying to garnish you again?

    No attorney client relationship exists unless we have a written contract. Nothing in this post should be... more
  2. Kairi Smith Gure

    Contributor Level 7

    Answered . Technically the money is exempt from being garnished regardless of what type of account it is in. The problem is that if the creditor that holds the judgement against you actually garnishes the funds, you will be in the position of trying to prove that all of the funds were from your pension to get them back and that may be a very hard and time consuming thing to do.

  3. Alan D. Walton

    Pro

    Contributor Level 19

    Answered . Technically yes, if the creditor can figure out the bank that holds the funds on the Walmart Card, but it is highly unlikely.

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