If found at fault in an auto accident, can your 401k be taken?

Bad accident, many cars piled up and one death.

Asked on March 15, 2017 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a 401k is exempt from execution or being garnished; that is, creditors cannot touch the money in the account or intercept the payments to you. BUT if and when you do take money out, if you take out more than you need and put some in a regular bank account, once it's in the regular bank account, creditors could reach it--it only has its protection when it is in the 401k or is in the form of the payments going to you.


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