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Hello again, Judi, and thank you for requesting me.
What type of retirement account is it, an IRA, 401(k) or something else? Is it through your employment with the state or federal government?
I look forward to assisting you as soon as I have received this information. Thank you.
they are IRA's, 401ks...from my 50% of the assets from the divorce settlement. This is the only savings I have...I had them rolled over to Fidelity.
Hello again, Judy, and thank you for clarifying that.Yes, these would typically be exempt from attachment if the creditor obtains a judgment against you. Once the funds are distributed to you, then they may be attached normally, but while they remain in the accounts, they could not normally be seized by a judgment creditor based on the following language in the NC code:(9) Individual retirement plans as defined in the Internal Revenue Code and any plan treated in the same manner as an individual retirement plan under the Internal Revenue Code, including individual retirement accounts and Roth retirement accounts as described in section 408(a) and section 408A of the Internal Revenue Code, individual retirement annuities as described in section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in section 408(c) of the Internal Revenue Code.Here is a link to the code:http://law.onecle.com/north-carolina/1c-enforcement-of-judgments/1c-1601.html
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