I am being sued for student loan that I co-signed for my daughter who defaulted on the loan. I do not work and my husband is retired.We live off my husband's railroad retirement. He also has IRA to supplement, in his name, which was once his work 401k. No other income. We have joint bank account that retirement goes into automatically. Can a joint account be garnished? Is retirement safe? Home is homesteaded in Massachusetts. Our vehicle in husband's name. What is the worst that can happen if I lose the lawsuit?
If you have not already retained an attorney and filed a response to the lawsuit, you really need to do that quickly. If the only money that goes into the joint bank account is your husband's railroad retirement you should not have to worry about the bank account. Should a garnishment be served upon the bank just tell them to look at the source of funds and they should release the garnishment. However, if the IRA funds go into that account those may be garnished as they would lose their exempt status once they are withdrawn from the protected IRA account. So, make sure the bank account never contains anything except the railroad retirement. Then open an account in your husband's name alone for the IRA funds that he is withdrawing. If the vehicle is not in your name you don't have to worry. I really don't know about the home as that would be controlled by your state's law. Good luck!