Legal Question in Credit and Debt Law in Pennsylvania

Collecting on a hospital bill

If a hospital bill is owed and the hospital gets a judgement to collect the bill, can they touch a person' IRA savings?


Asked on 7/12/07, 5:20 pm

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: Collecting on a hospital bill

42 Pa.C.S. � 8124. Exemption of particular property. * * *

(b) RETIREMENT FUNDS AND ACCOUNTS.-- * * *

(1) Except as provided in paragraph (2), the following money or other

property of the judgment debtor shall be exempt from attachment or

execution on a judgment:

(ix) Any retirement or annuity fund provided for under section

401(a), 403(a) and (b), 408, 408A, 409 or 530 of the Internal Revenue

Code of 1986 (Public Law 99-514, 26 U.S.C. � 401(a), 403(a) and (b),

408, 408A, 409 or 530), the appreciation thereon, the income

therefrom, the benefits or annuity payable thereunder and transfers

and rollovers between such funds. This subparagraph shall not apply

to:

(A) Amounts contributed by the debtor to the retirement or annuity

fund within one year before the debtor filed for bankruptcy. This

shall not include amounts directly rolled over from other funds

which are exempt from attachment under this subparagraph.

(B) Amounts contributed by the debtor to the retirement or annuity

fund in excess of $ 15,000 within a one-year period. This shall

not include amounts directly rolled over from other funds which are

exempt from attachment under this subparagraph.

(C) Amounts deemed to be fraudulent conveyances.

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Answered on 7/15/07, 1:48 pm
John Jackson Law Office of John A. Jackson, P.C.

Re: Collecting on a hospital bill

If what you have is really an IRA then it is doubtful that the hospital or any creditor could reach the funds in the IRA. However, once the funds are withdrawn they can be subject to the hospital's judgment. If you want to feel really secure in this situation you should speak with an attorney. I or any other attorney that post here would be happy to help you for a fee.

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Answered on 7/13/07, 12:56 pm


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