Legal Question in Credit and Debt Law in Georgia

Can a hospital take my 401K if I don't have insurance? I am unemployed and have already withdrawn most of the funds from it to pay household bills prior to being at the hospital, and I'll no doubt need what's left for household bills while I continue job hunting. State of Georgia.


Asked on 1/10/13, 10:06 pm

1 Answer from Attorneys

Why can a hospital take your 401(k)?

Nobody can withdraw any money but you from a 401(k). If the 401(k) is ERISA-qualified, then it cannot be garnished, even if the hospital acquires a judgment against you.

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Answered on 1/11/13, 12:33 pm


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