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Can a creditor seize a 529 plan or 401k for an auto deficiency judgment?
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Can foreclosure take a 401K?
Not directly. However, if there is a balance owed on the mortgage once the property has been sold, it is possible in some states for a judgment creditor to seize monies from the account. Please keep in mind that 401K is better protected from creditor judgment by ERISA than an IRA which makes it unlikely that seizure action would occur.
If a judgment has been issued for a repossession deficiency will it affect a 401K when cashed in and can they place a lien on your home which is homesteaded or take the money if it is sold?
A judgment creditor cannot levy on your 401(k), but they can levy on your bank account and money from a 401(k) distribution would be vulnerable if it was in your bank account at the time the levy occurred. Filing a homestead does not prohibit a judgment creditor from filing a lien against your home. The judgment creditor can wait for you to sell or refinance your home. If there is enough equity in your home to pay off the mortgage and your homestead, there might be enough equity to be able to force a sale of your home.
In NJ if you are in a car accident can the plantiff seize your 401k and house?
No.
Can a judgment be taken from your 401K account in Texas if that is all you have?
Generally speaking, 401k's are protected from judgements.
Can a judgment creditor take your retirement 401 or annuities?
It really depends on which state you live in. Every state has different rules about who can garnish what types of income. Most states do not allow 401K or annuities to be garnished for any reason.
Can 401k be taken in civil lawsuit?
Yes, a 401(k) plan may be seized by a judgment creditor after a civil lawsuit even though you personally are not entitled to take the funds out without a tax penalty. If the 401(k) is seized, you will probably have to pay the taxes and penalties just as if you had taken out the funds yourself and used them to pay the judgment creditor.
Can a judgment be put on a checking account which is a pension deposit?
Generally pensions are not garnishable. Social Security, Railroad Retirement, military and governmental pensions, all types of disability benefits and public assistance benefits and other federal pensions are exempt from creditor action. Whether or not private pensions, (401K's, etc.) are subject to creditor action is determined by the excemption status allowed under state law.
Can a prevailing defendant's judgment for attorneys fees and costs against a plaintiff in a negligence lawsuit be attached to his 401K?
No
Is it legal to borrow from 401k before chapter 7 bankruptcy is discharged?
Yes, but it is one of the absolute stupidest things financially you can do. By the end of th BK you will lose the 401k money, which is only protected while it is IN the 401k, and be left with the debt to the plan, which won't be discharged and will seize the money in the plan to be paid.
Can you take your 401k out if you file chapter 7?
Your 401K account is exempt from creditors when you file BK. So leave the account alone. If you withdraw money and transfer it to another type of account, then the BK trustee can seize that money. Because of that, it is NEVER advisable to withdraw from your 401K when a BK is possible in the future.
I got a 401k loan a month after filing ch13 you didn't know that you shouldn't anybody know what may happen with this?
Best chance: Make sure your 401k plan administrator files a claim as a secured creditor, which you of course won't protest.
Can a creditor seize your bank account with a tax refund from your pension?
While there may be some limits or restraints on seizing a tax refund or pension (and probably not as much as you may want to think), once any of these items are deposited into a bank account they lose their identity and are like any other funds. It is only while the tax is with the IRS, or while the pension is in the actual IRA or 401K (or such), that it has any protection.
