How do I attach bank account/retirement account?

I received settlement in my divorce and my ex moved out of the country. He still has a retirement account. How do I attach a lien against the account to collect my money?

Asked on December 1, 2011 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typically retirement accounts per state statutes are exempt from levy with respect to an order or judgment. However, if you want to levy upon this retirement account, there are forms online or at your county law library that can be filled out to begin the levy process on an outstanding judgment or court order.

I suggest that you may wish to consult with an attorney experienced in debt collection practices to assist you. If you levy on the retirement account of your "ex" and he or she fails to file a timely claim of exemption, then the money in that account could very well be released to you despite being exempt from levy.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.