Can a Judgment Creditor Levy Military Retirement Payments

[lawfacts]

If a creditor gets a judgment against a retired veteran, can the creditor levy the bank account into which the veteran's retirement benefits are paid? Only retirement benefits go into that account.

[Mr. Knowitall]

It is possible that the creditor may attempt to garnish the account, but the military retirement benefits are protected from garnishment. The bank, which should be aware of the source of the funds, should deny garnishment -- but it may be necessary for the retired veteran to instruct the bank that the funds are exempt, or even to go to the court that issued the levy and ask that the order be revoked and that any improperly taken funds be returned.

The situation is more complicated if the funds are commingled with money from other sources, but where the account is used only to receive and hold retirement benefits the application of the exemption should be readily apparent.