Can the following be garnished - Pension, Roth IRA?

Question Details:

Can your Pension or Roth IRA be garnished in the state of Michigan?

Asked 11/9/2009 under Business | 2676 View(s) | More Legal Topics

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Business Law Answers

If you have an unpaid bill, a creditor or collection agency might threaten garnishment.  Garnishment is a legal procedure to take your money, for example from your bank account or your wages.  But garnishment is not allowed until a court has determined that you owe the money.  A creditor can not garnish any of your income until it first sues you and gets a court judgment.  Then it is called a judgment creditor.

However, certain income is exempt from garnishment.  Under state law, an IRA cannot be garnished and pension benefits can not be garnished before they are paid to you.

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