[claymo]

I have a judgment garnishment on a checking account that I have asked a question about here bank account garnishment. This question is concerning opening a new savings account. I have read some types of money deposited can be exempt from judgment garnishments and the category the deposit I would like to claim exemption on is retirement plans. I have received a check from my 401k that is a loan check. I have to pay this money back.

Questions are

A: Can I claim exemption on this 401k loan check?

B: Should I not open the savings account right now until this judgment is clear?

Thank You for your advice.

[Fr_Chuck]

The 401 itself is exempt, if you borrow money from it, it will not be.
First also even if there is exempt money in the account, they freeze it first, and then you have to go prove it is exempt.

And no, you should not open any new accounts until this is clear.

[claymo]

Thank you very much for your time and advice Fr Chuck. I will not open a new bank account until this judgment is clear.

[Fr_Chuck]

If you have to put some money somewhere, they have prepaid debit cards you can buy, while it is possible to attach paypal, I think we fairly well decided there was no way for them to find the money since it is not keep by social number. One can even over pay credit cards and have a positive balance where not only do you have cedit but you have a balance owed. Credit cards can not be garnished.