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

Asked about 1 year ago - 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)

  1. Eric Burton Strongin

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . 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.

  2. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  3. David Ian Schoen

    Pro

    Contributor Level 20

    7

    Lawyers agree

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

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . They won't get it

  5. Albert Lee Crosner

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more

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