CREDIT CARD DEBT AND 401K

Question Details: I HAVE A LOT OF CREDIT CARD DEBT AND I HAVE NO MONEY TO PAY BACK..BUT I HAVE401 . CAN A CREDIT CARD COMPANY FORCE ME TO BORROW FROM 401K TO PAY THEM ? OR CASH IT OUT?

Asked 11/6/2009 under Business | 187 View(s) | More Legal Topics

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Business Law Answers

No. Credit card companies, or other debtors, can neither force a debtor to borrow from a 401 or to cash it out. Most people would advise you to *never* tap your 401, but I would suggest you might consider whether it would make sense to voluntarily do so.

A lot depends on how much you owe vs. how much is in the 401, but if, say, you owe $25k but have $200k in the 401, it might be worth considering using some of that money to avoid a situation where there are outstanding judgments against you (if the lender sues you and wins) or where you declare bankruptcy to get out from under the debt. In that case, you'd be using 1/8 of the 401 savings to avoid a situation that could haunt you and damage your ability to get credit for years to come--not a no-brainer to do it, but worth some thought.

Using a small portion of your 401 to clear up a major current problem can sometimes be a good idea, IF you would then have the discipline and wherewithal to not get into that financial difficulty again. On the other hand, if you're not certain you'd avoid future indebtedness, then no--leave the 401 where it is and look for a different solution.

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