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    KH800's Avatar
    KH800 Posts: 1, Reputation: 1
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    #1

    Oct 2, 2008, 01:44 PM
    Cam my checking acct or SS be attached
    I have high credit card debt because of the adjustable rate mortgage they won't refi for me. If I just ignore them I know I may be taken to court and they will win. I want to know if they can attach my Social Security, pension (very small), or IRA account (also small) if I just don't pay them. CXannot file bankruptcy because I did 4 years ago when my husband died. Thank you. Kathy
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 2, 2008, 01:51 PM
    Quote Originally Posted by KH800 View Post
    I have high credit card debt becasue of the adjustable rate mortgage they won't refi for me. If I just ignore them I know I may be taken to court and they will win. I want to know if they can attach my Social Security, pension (very small), or IRA account (also small) if I just don't pay them. CXannot file bankruptcy becasue I did 4 years ago when my husband died. Thank you. Kathy



    Your SS is exempt; HOWEVER, once it's in the bank and co-mingled with any other funds it is no longer exempt.

    "Most" pensions are exempt - it depends on your State; I see very conflicting info on IRA's and nothing definitive but it appears that the IRA cannot be touched unless/until you begin to draw from it and then if it's comingled the account can be liened.

    I also see info that an IRA can be liened against.

    I am very interested in what the experts have to say -
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