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question about california lawsuit

Discussion in 'Alternative Dispute Resolution' started by kboyle22, Jun 26, 2008.

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  1. kboyle22

    kboyle22 Law Topic Starter New Member

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    Hi, I have a $500,000 judgement that I was awarded in Nov. 05. The person I sued is in jail. He has a $750,000 pension. My lawyer said that his pension money is protected. I can't collect on it. Then I guess the law changed for federal cases, if the person committed a federal crime, the victim can collect on their pension. Why hasn't it changed for state level crimes? Does anyone think it will? Any help to point me in the right direction will be greatly apprectiated. Thank You
     
  2. JohnMacek

    JohnMacek New Member

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    as i understand it, pensions are pretty much exempt from any kind of levy/garnishment. I would find out what bank the payments from the pension were made to, and levy on that. Don't hold your breath though, he most likely will file a claim of exemption or file bankruptcy.
     
  3. kboyle22

    kboyle22 Law Topic Starter New Member

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    He is not able to collect on his pension yet, he is only 53. Can he file for bankruptcy if he is able to pay me off? He has no debts, he has been in prison since 98. He won't be out till 2012. My lawyer was researching on changes on debt collection on pensions. He said it changed to if the crime was a federal crime then the pension was not exempt from judgements. I was wondering if anyone knew anything about that and if they thought it would change for all crimes?
     

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