If my paycheck is being garnished, can my 401k be garnished as well?

UPDATED: Sep 13, 2011

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If my paycheck is being garnished, can my 401k be garnished as well?

I am getting garnished from my paycheck. If I borrow money from my 401k would they garnish that too?

Asked on September 13, 2011 under Bankruptcy Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states in this country, one's retirement accounts (401 k or IRAs) or pensions are exempt from levy regarding a judgment implemented by a judgment crediotr. However, if you borrow money from your 401k and the borrowed money is then placed in your checking or savings account, that money would be subject to a levy by a judgment creditor and would not be exempt from the levy because it is no longer part of your 401 k retirement package.

One way to resolve to wage garnishment issue is to reach some written agreement with your judgment crediotr for a monthly installment in an amount you can afford to pay down the judgment. Good luck. 

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