FIREMAN’S PENSION FUND PAYMENTS AND EXEMPTIONS UNDER SOUTH CAROLINA AND BANKRUPTCY LAW

Creditors and debt collectors will tell you anything if they think that you do not know better.  If you are eligible for or receiving a Fireman’s Pension Plan payment, the creditor or debt collector may demand that you send part of the money you receive to pay a debt that is owed.  Before you send the money, contact an attorney to find out your rights if you do not send the money as demanded.

  • FIREMAN’S PENSION FUND PAYMENTS ARE EXEMPT FROM SEIZURE

    Funds received from a Fireman’s Pension Fund established by a city are exempt from seizure by a creditor or debt collector in a South Carolina Court proceeding.  These funds are also exempt from the creditors and/or a Trustee in a Bankruptcy Court proceeding.
    This provision only protects funds from a Fireman’s Pension Fund that are established by a city or municipality.  Not all fireman are protected under this type plan.  If the pension plan or fund you are receiving monies from is a different type, then the monies may be protected under a different section of the South Carolina Code of Laws.

    WHAT HAPPENS IF YOU GIVE A CREDITOR A PAYMENT FROM THESE FUNDS?

    If you give these funds to a creditor or debt collector, South Carolina Law will not help you get the money back.  There are exceptions if  you paid the money under duress or because the debt collector or creditor lied to you.
    Misrepresentation or threats are improper debt collection actions. You should see an attorney who may be able to bring an action to punish the creditor or debt collector for its bad conduct.
    You have rights although many creditors will deny that you do.
    If you do not want to talk to a creditor, tell them that and hang up.  You do not have to be nice, pleasant or courteous to a creditor or bill collector.  If a creditor is rude, threatening or abusive, do not put up with such conduct.
    Remember, whenever a creditor or debt collector acts improperly, you need to obtain the name, contact information and the date and time of the call.

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
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