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If one commits defamation is there something one can do

before anything is filed to...
If one commits defamation is there something one can do before anything is filed to reduce losing a house or 401m?
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Answered in 2 minutes by:
1/2/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,116
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Can you tell me what state you are in?

.

Is there any equity in the home?

.

Do you mean 401K? as in a retirement plan?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
california
yes there is equity in home
yes, meant 401k as in retirement

Ok, how much equity in the home?

.

Any retirement account is exempt from creditors under federal law, so it is safe...

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Customer reply replied 7 months ago
about 200k

also, how old are you and are you married?

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Customer reply replied 7 months ago
54, single
Customer reply replied 7 months ago
in california my 401k is okay? i had a feiend tell me it was not safe. i have to saybif what you say is true i feel better. but my house?

Ok, there is a $75K exemption for equity in a person's home from creditors if they are sued and single under 65... However that bumps up to $175,000 if creditors are seeking to force the sale of your home and you are 55 or older, single and earn under $25,000 per year.

.

But if someone hasn't actually filed suit, you could see if you could borrow against the equity in the home so as to make sure it wasn't attractive to come after and just keep that money safely hidden away until this all blows over.. Or you could transfer the house to someone else you trust and hope that any creditor didn't see that this was done in anticipation of litigation...

.

But yes, your 401K is completely exempt from normal creditors... Any retirement plan is under federal law..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,116
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 124
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Customer reply replied 7 months ago
coukd one end up owing money and take out a loan to pay? oh 55 in a few months
Customer reply replied 7 months ago
are IRAs that were inheritex protected?

That is possible, assuming that a lender would loan them money...

.

And yes, as I mentioned, any retirement account is exempt from garnishment..

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