Skip to main content

Is my teamsters pension trust fund protected from garnishment in illinois

Chicago, IL |

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

Attorney Answers 3


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.

Mark as helpful

1 lawyer agrees


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 answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

Mark as helpful


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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

Mark as helpful

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics