Legal Question in Credit and Debt Law in Florida

section 529 in malpractice judgement

If I purchase a prepaid tuition in a section 529 state college savings program today, and in a few months I loose a malpractice judgement in a malpractice case started a few months ago, will that money contributed to the college savings plan be safe from the judgement?


Asked on 6/15/00, 10:21 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: section 529 in malpractice judgement

yes, the monies are exempt from the reach of creditors. see prior reply for details

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Answered on 8/24/00, 7:58 pm
Michael Duggar Buchalter & Duggar

Re: section 529 in malpractice judgement

Florida Statute 222.22 states moneys in the Prepaid Postsecondary Education Expense Trust Fund are NOT liable to attachment, garnishment, or legal process in the state in favor of any creditor of the purchaser or beneficiary of such advance payment contract. As far as bankruptcy is concerned, prepaid college funds are exempt from process.

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Answered on 8/14/00, 5:45 pm


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