Is my teamsters pension trust fund protected from garnishment in illinois

Asked over 2 years ago - Chicago, IL

the monthly check has direct deposit...will my bank freeze this fund ...if a creditor attempts a garnishment procedure

Attorney answers (3)

  1. David Matthew Gotzh

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Depends on the debt. If it's for child support, depending WHERE in Illinois you are, they can issue a QDRO against it. If it's a, say, unsecured credit card debt that's been reduced to judgment, then it's generally exempt.

  2. Paul A. Smolinski

    Pro

    Contributor Level 17

    Answered . I think that you problem may be that your bank will likely freeze your accounts if it is served with a Citation to Discover Assets. You will then have to go to court with proof that the funds in the account are from an exempt source to have the judge release the funds.

    Good luck!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  3. Marc Gregory Wagman

    Contributor Level 17

    Answered . A pension is exempt from creditors attachment. However, if it goes into a bank account and the creditor does a citation to discover assets and freezes the account then you would have to file a motion with the court exempting the funds in the bank account. Once a bank account is frozen it is a headache to get it unfrozen. Hope this helps...

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more

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