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Are IRAs protected from civil lawsuits in New York State

 

Customer Question

Are IRAs protected from civil lawsuits in New York State? I know the protection varies by state and I know they are protected from bankruptcies and creditors in New York, but cannot find out if they are protected from lawsuits.

 

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State/Country relating to Question: New York

Submitted: 824 days and 21 hours ago.
Category: Legal
Value: $18
Status: CLOSED

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Expert:  Law Pro replied 824 days and 21 hours ago.

That's the same thing - that judgment creditors can't touch them regardless if they have a judgment against the person to satisfy the judgment debt.

A money judgment obtained in the State of New York is generally enforceable for a period of twenty (20) years. (Chptr. 8, Art. 2, Sec. 211, New York State Consolidated Laws.) It may be enforced against any property which could be assigned or transferred, whether it consists of a present or future right or interest and whether or not it is vested, unless it is exempt from application to the satisfaction of the judgment. A money judgment entered upon a joint liability of two or more persons may be enforced against individual property of those persons summoned and joint property of such persons with any other persons against whom the judgment is entered. (Chptr. 8, Art 52, Sec. 5201, New York State Consolidated Laws.) In general, ninety per cent (90%) of the earnings of the Judgment Debtor for his personal services rendered within sixty days before, and at any time after, an income execution is delivered to the sheriff, is exempt from execution of a money judgment. (Chptr. 8 Art. 52, Sec. 5205(d), New York State Consolidated Laws.)

 

A money judgment generally may become a lien against the real property of a judgment debtor either from the time of the docketing of the judgment with the clerk of the county in which the property is located until ten years after filing of the judgment-roll, or from the time of the filing with such clerk of a notice of levy pursuant to an execution until the execution is returned. (Chptr. 8 Art. 52, Sec. 5203, New York State Consolidated Laws.)

 


In general, a debtor may claim Exemption of his Homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

 

Under Chptr. 8, Art. 52, Sec. 5206 of the New York State Consolidated Laws, property of one of the following types, not exceeding ten thousand dollars in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof:

 

1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.

 

Some of the personal property exemption which may be claimed by a debtor may include all stoves kept for use in the judgment debtor's dwelling house and necessary fuel therefor for sixty days; one sewing machine with its appurtenances; the family bible, family pictures, and school books used by the judgment debtor or in the family; and other books, not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor's library; a seat or pew occupied by the judgment debtor or the family in a place of public worship; domestic animals with the necessary food for those animals for sixty days, provided that the total value of such animals and food does not exceed four hundred fifty dollars; all necessary food actually provided for the use of the judgment debtor or his family for sixty days; all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, crockery, tableware and cooking utensils necessary for the judgment debtor and the family; a wedding ring; a watch not exceeding thirty-five dollars in value; and necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding six hundred dollars in value, together with the necessary food for the team for sixty days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the judgment debtor's profession or calling. In addition, a judgment debtor may also be entitled to exemption, to the extent allowed under the statute, certain portions of income, trust, security deposits, insurance policy, New York state college choice tuition savings program trust funds, award in a matrimonial action, and retirement plan funds. (Chptr. 8, Art. 52, Sec. 5205, New York Consolidated Laws.)

 

In accordance with the provisions of 11 U.S.C. Sec. 522(b), debtors domiciled in the State of New York are not authorized to exempt from the estate property that is specified under subsection (d) of such section. (Chptr. 12, Art. 10-A, Sec. 284, New York State Consolidated Laws.)

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.6 %
Accepts: 5691
Answered: 1/5/2011

Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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