Can my pension be garnished in the state of Maryland.? I'm having a trial against me soon. My retirement check is direct deposit into my bank account. Can they take money from my bank account that was deposited from my retirement?
If they get a ruling that says they can take, then they can.
I do not think they can legally take Social Security. And the money in a retirement account is protected against creditors. However, once the money is distributed from the retirement account, the distribution is fair game (no longer protected).
If Social Security retirement, no, they can not garnish your check. SS is protected by federal law from garnishment for credit card debt. However, it can be seized for back taxes, child support, alimony, federal loans or overpayments from government agencies.
Posted on August 3, 2010.