Can a creditor take your IRA or 401k for an unsecured debt

Asked over 4 years ago - Mc Ewen, TN

can a creditor that you owe take money from your ira or 401k or checking account.unsecured debt checking account 401k and ira is at bank of america.

Additional information

my checking account IRA's 401k is at BAnk of America. My creditor is also Bank of America for credit cards and a unsecured loan.

Attorney answers (1)

  1. Theodore Lyons Araujo


    Contributor Level 20

    Answered . Only the federal government can take funds from an IRA or 401k.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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