Q: Can my bank accounts and retirement be garnished in Georgia if I am a resident of Florida?

A: Yes, if you bank at a multi-state bank that has branches in Georgia and a valid judgment has been entered in Georgia. Whether your retirement can be seized is a separate question.

For bankruptcy law purposes, retirement is exempt. But bankruptcy law exemptions only apply in bankruptcy. In terms of a state court judgment, things like Social Security or VA or federal railroad retirement benefits are exempt by federal law. Some retirement benefits are also exempt if ERISA-qualified. If you don't know if the benefits are ERISA qualified then ask the employee benefits person where your pension comes from. If the pension is not ERISA qualified, then it can be garnished.

Don't commingle exempt income with non-exempt income of your own or with another person - any exemption will be lost. Ideally, there is a federal regulation governing the seizure of imcome; banks are to notify you and not freeze exempt income. In practice, banks may still be taking this so I would clearly separate exempt income into a special account and put the bank on notice as to the source of the exempt funds to prevent any levey.

For bank accounts, I would close any accounts at a big multi-state bank immediately. I would look to open an account at an online bank or at a bank only located in Florida, at a very small community bank or credit union located 25-50 miles from your home.

Depending on your circumstances, I would also suggest resolution of the judgment so that you do not have to worry about this by either settlement or bankruptcy.