Will my 401k be attached to my car accident? 5 Answers as of February 20, 2012

Can you have your 401k plan attached for a car accident for which they have a judgment to collect from you, finding you at fault in Florida or is one of those things that cannot be attached (lein)?

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Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
You need to speak to a financial planner and bankruptcy attorney
Answer Applies to: Florida
Replied: 8/4/2011
David Hoines Law
David Hoines Law | David Hoines
no
Answer Applies to: Florida
Replied: 8/4/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
This is more a question for a bankruptcy or collections lawyer, but I know that 401Ks can be protected from judgments in some circumstances. If you are worried about a judgment against you that you do not have the funds to satisfy outside of your 401K, it would be a good idea to talk to a bankruptcy lawyer anyway. He or she can help you understand your specific options to protect yourself. Good luck.
Answer Applies to: Florida
Replied: 2/20/2012
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
I don't handle creditor/debtor law, but it's my understanding that a judgment creditor cannot levy on or attach a retirement account. Don't take my word for it, though; I would pay $100 or so to get correct advice from an attorney who does handle creditor/debtor law.
Answer Applies to: Florida
Replied: 8/3/2011
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