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Legal responsibility/Liability limits

Can anyone provide a resource for my questions below?

*Can retirement income be garnished in the event of legal responsibility (such as from an auto accident or liability risk in home)?

*What other assets are at risk for legal responsibility/liability?

 

Thanks!

 

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Honored Social Butterfly

Garnishment is pretty specific and to who can take it -  There has to be a court order directing that money or property of a third party be seized to satisfy a debt owed by a debtor to a plaintiff creditor.  This should answer some of your questions:

US Dept of Labor: Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's... 

 

Assets of varying types - home(s), farm, land, equities, bank accounts, etc. can also be claimed against for liability issues - goes by the court ruling.  Disclosures of all assets are presented to the court for their scrutiny.  Social Security Old age benefit is protected but you might not want to mingle it in with other funds that can be attached.  

 

You can look up specifics on NOLO.com -  It says that ERISA-protected accounts are usually OK but other retirement accounts may not be - this link explains the difference.

NOLO.com - Can Judgment Creditors Go After My Retirement Accounts? 

 

I am not a lawyer and a lawyer is where you should do your specific fact finding on your own situation.  This is just general info.  NOLO.com is a legal encyclopedia - 

 

Having enough liability insurance to protect all your assets is always a good idea.  Umbrella Liability coverage on top of car / home, etc. liability is a good protection.  

 

 

 

 

It's Always Something . . . . Roseanna Roseannadanna
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