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

    Sep 8, 2011, 08:27 AM
    I have a credit card debt - if a judgement is entered can they garnish my IRA?
    It is a discover card (one of the 0% offers, that I did pay off, but the back end (two purchases a month were required so I bought less than $10 per month but by the end of the 3 years, the back end was now up to 4K, I asked for help with a lower interest on the back end since I am no longer employed. That was 9 months ago, now the debt is for 6K and has been turned over to a lawyer. I have no income, I do not own my house, I am coowner on my car, we are receiving foodstamps and are on Colorado Indigent Care Program. So other than my IRA, I have nothing and we have dipped into that to make it. So, if they get a judgement, will they be able to take my IRA/pension?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Sep 8, 2011, 08:57 AM
    If you file for bankruptcy up to $1 miillion of your IRA is protected from creditors, according to federal law. But if you don't declare bankruptcy then whether any (or all) of your IRA is protected depends on your particular state law. The rule in CO is that your IRA is protected, except in case of judgment for child support or felonious killing - for details see: http://www.sbca.net/PTXL0802-Altier-Naegele.pdf
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