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A pension plan is an agreement between an employee, their employer and, for some jobs, the union. Sometimes, the employer contributes and sometimes the employee does as well. Employers are not required to have pension plans. A federal law, the Employee Retirement Income Security Act of 1974 (ERISA), sets the standards for private pensions. It also provides guaranteed pensions in some cases.
The federal Railroad Retirement Board handles this benefit program for eligible workers and their families.
General Eligibility
Like Social Security, Railroad Retirement benefits are based on months of service and earnings credits. Employees of railroads engaged in interstate commerce, some related industries, railway associations, and national railway labor organizations qualify for Railroad Retirement after 10 years of credited work.
Once a creditor sues and obtains a judgment (court order) against a debtor they must follow a legal process to obtain payment. The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment). A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods.
Un acreedor puede requerirle a un empleador a desviar parte del sueldo de un empleado para pagar un fallo/ sentencia. El acreedor está limitado a tomar el sueldo de un deudor que: a) exceda treinta (30) veces el sueldo mínimo federal ($7.25 por hora vigente 24 de julio 2009), o b) es 25% del ingreso disponible. Cualquier exención cual permite al deudor mantener más de su sueldo aplica. Ingreso disponible es el pago neto del deudor después de las deducciones requeridas por ley, tal como impuestos, cuales son rebajados...
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
Many collection lawsuits are brought by companies called Debt Buyers. Debt Buyers pay money to other companies for the right to collect money owed to those companies. For example, you might owe $3,000 on a store credit card. After a while, the store may decide to sell the debt to a Debt Buyer for a few hundred dollars, instead of trying to collect it. Then the Debt Buyer will try to collect from you...
If you are having problems with debt collectors, watch this video to learn about your rights! Hear about your rights under the Fair Debt Collection Practices Act and state laws. Find out what you should do if you are being illegally harassed.
If you want to learn how to represent yourself, hear about common defenses against debt collectors, and gain knowledge of possible outcomes to your trial, then watch this video.
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