Legal Question in Civil Litigation in Indiana

law suit garnishments
My husband was in an accident about 25-28 years ago, he was not the driver, the driver was sober but because he was drunk my husband got blamed for the accident because the man was thrown from the vehicle, the driver was paralyzed, my husband felt horrible about the accident & did not appear in court to defend himself so he was court ordered to pay 1.2 million dollars in damages. My husband did plead guilty for a DUI. My husband died twice & was resuscitated as a result of this accident. My husband has been paying through voluntary garnishments from his pay for the past 25-28 years. After 32 years of working at a local paper mill here in Terre Haute, IN the company decided to shut down the mill. My husband has been on unemployment benefits for the past year, in December he will start receiving his retirement pay. Our concern is can they come back & garnish any of his retirement pay? This is a fixed income for us, I am on disability & he is unable to work to due his heart condition & emphysema. Any help is greatly appreciated, can you provide me with the statutes, limitations & or laws regarding this?

Asked on 11/30/08, 1:51 pm

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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Re: law suit garnishments

If the judgment has not been renewed, he is safe. They can not garnish the pension regardless of renewal.

Answered on 11/30/08, 2:04 pm

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