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What else can I help you with?
Can a creditor freeze your IRA account?
I don' t know about an IRA account, but a creditor cannot freeze or "attach" an individuals' social security or pension account in many States. If you can show that the bank "attachment" was either a SS monthly payment or receivables from a pension fund payout, the courts will declare the action invalid. Don in Cherry Hill, New Jersey
When can a federal tax return be seized for debt?
Federal tax refunds can be seized by the IRS for tax arrearages without the normal legal procedures being used. Federal and state tax refunds can be seized by a state child enforcement agency for court ordered child support arrearages. Tax refunds cannot be seized for creditor debt, for example, a judgment for non payment of a credit card account. But, once the refund is placed in a bank account it can be subject to levy by a judgment creditor. The Federal Government can also offset your federal tax refund to pay a student loan debt.
Can your commercial bank freeze your Direct Express card for collection agencies?
If the card was issued by a government agency or other secured pension plan it cannot be seized by a creditor as the funds relating to the card are exempt from creditor action. Unfortunately not all DE cards hold benefits that are totally exempted from creditor action. That being the case the bank might be able to temporarily freeze the funds until they are proven to be exempt.
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.
Can the money from an IRA be taken by creditors?
In general, funds in an Individual Retirement Account (IRA) are protected from creditors under federal law, particularly in bankruptcy situations. However, this protection can vary by state and may not apply to all debt types. Certain exceptions exist, such as in cases of unpaid taxes or court-ordered payments. It's essential to consult a financial advisor or legal expert for specific circumstances regarding creditor claims on IRA funds.
Can an IRA be seized for child support in Tennessee?
yes
Can IRA be seized for back child support in Georgia?
yup
Can an IRA account be seized for back child support in Utah?
Yep
Can an IRA distribution be seized for back child support in Texas?
yup
What about claw back in IRA funds lost via fraud How retroactive can the claw back rule extend in an IRA?
No !!!! IRA's are protected under ERISA against any creditor for any reason.
Can IRA be seized for default student loan?
No. The only two ways an IRA touchable is by your spouse or the IRS. Debt collectors can bluff and threaten you but don't give in. IRA is as safe as the gold in Fort Knox except spouse and IRS
If you lose a civil suit can your IRA account be seized?
In general, IRA accounts are protected from creditors in the event of a civil lawsuit judgment. IRAs have certain legal protections under federal and state laws, although the extent of protection can vary. It's best to consult with a legal professional familiar with the laws in your specific jurisdiction for accurate advice.
Can your IRA get levied upon if your car is repossessed?
Not at that stage of the process. Once the car is repossessed, it will be sold at auction for whatever amount it goes for. Usually very little. Then the creditor will apply that amount less fees (usually exhorbitant) to the amount owed and sue you for the balance. If the creditor gets a judgment for the difference, then it can levy upon your IRA.
Can a creditor freeze your IRA account?
I don' t know about an IRA account, but a creditor cannot freeze or "attach" an individuals' social security or pension account in many States. If you can show that the bank "attachment" was either a SS monthly payment or receivables from a pension fund payout, the courts will declare the action invalid. Don in Cherry Hill, New Jersey
When can a federal tax return be seized for debt?
Federal tax refunds can be seized by the IRS for tax arrearages without the normal legal procedures being used. Federal and state tax refunds can be seized by a state child enforcement agency for court ordered child support arrearages. Tax refunds cannot be seized for creditor debt, for example, a judgment for non payment of a credit card account. But, once the refund is placed in a bank account it can be subject to levy by a judgment creditor. The Federal Government can also offset your federal tax refund to pay a student loan debt.
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 child support enforcement seize IRA or life insurance inheritance received by non custodial parents spouse?
No. The asset to be seized must be owned by the obligor (either solely or jointly).
