If a creditor wins a civil judgment against a debtor, can the creditor go after the debtor’s 401K retirement account?

What if it is a US government employee 401K account? Can the creditor garnishee a civilian federal employee?

Asked on July 3, 2012 under Bankruptcy Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the pension funds or retirement funds of a judgment debtor are exempt from levy including a 401 k account. If the judgment creditor levies upon such an account, the judgment debtor needs to immediately file and serve a claim of exemption with the court where the judgment was issued.

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