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I am being sued for wrongful death in the state of California.

Orange, CA |

The plaintiff's attorney is threatening to go after my ERISA retirement account if I do not settle. Like OJ's retirement account could not be touched by the Goldman's, can they go after mine?

Attorney Answers 5

Posted

If you have insurance notify them immediately. If you don't, hire an attorney immediately.

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Posted

O.J. Simpson managed to keep his NFL ERISA plan but one reason is state law. O.J moved to Florida for asset protection and took residence before a creditor could attach and the Goldman's are private creditors not government entities.

Assuming the plaintiffs are no government entities, ERISA's anti-alienation provisions usually prevent a private party from attaching your ERISA benefits to a judgment. 29 U.S.C. § 1056(d)(1), commonly known as the "ERISA Anti-Alienation Provision" states that "[e]ach pension plan shall provide that benefits provided under the plan may not be assigned or alienated." This means that the assets in an ERISA pension plan are not available to creditors. Why don't you give me a call and we will see of we can point you in the right direction? No cost to you.

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Posted

I would recommend contacting Attorney Strongin. Good luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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YOUR ERISA RETIREMENT IS PROTECTED FROM ATTACHMENT EVEN AT BANKRUPTCY. I DOUBT THIS LAWYER'S THREAT MAY NET HIM ANY MONIES FROM YOUR ERISA FUNDS. IF YOU HAVE OTHER ASSETS, THEY MAY BE FAIR GAME. GET A LOCAL LAWYER TO ADVICE YOU. BEST OF LUCK.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

They won't get it

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