Shrader v. Maultz

Plaintiff Gerald Shrader obtained a default judgment against defendant Leo Maultz for damages arising out of an automobile collision. Plaintiff successfully filed an affidavit of garnishment and summons on defendant’s bank account for the amount of the judgment. The account consisted solely of funds derived from defendant’s pension under the Railroad Retirement Act.

Defendant’s motion to dismiss the garnishment was denied. Also dismissed was defendant’s subsequent motion to reconsider. On appeal, defendant argues that the trial court erred in garnishing his pension inasmuch as it is exempt…