What money in my bank account is protected from creditors in Arizona?
1. Federal Floor. Social Security, SSI, SSDI, VA, federal pensions, and OPM annuities are protected under 42 U.S.C. § 407 and 38 U.S.C. § 5301. The 31 C.F.R. Part 212 two-month rule provides automatic bank-level protection.
2. State Wild-Card / Cash Exemption. A.R.S. § 33-1126(A)(9) protects up to $5,000 in a single bank account from creditor process — significantly increased by Proposition 209 (2022). § 33-1130 provides additional exemption for tools of the trade. No traditional wild card.
3. Other Source-Specific Exemptions. A.R.S. § 46-208 public assistance; § 23-783 unemployment; § 23-1068 workers' comp; § 25-318 child support and alimony received; § 20-1131 life insurance; § 38-792 public retirement; and 90% of disposable earnings (or 60× federal minimum wage) under A.R.S. § 33-1131 as amended by Prop 209.
4. Retirement Accounts. A.R.S. § 33-1126(B) exempts IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA plans — generally no dollar cap; contributions within 120 days of judgment may be reached.
5. Joint Accounts. Arizona is a community-property state; community bank accounts subject to community-debt judgments, not separate-debt judgments of one spouse alone.
6. Claim of Exemption Process. A.R.S. § 12-1580: writ of garnishment served; debtor receives notice; debtor must file written objection within 10 business days; hearing within 10 days of objection.
7. Burden of Proof. Debtor proves exempt source.
8. Penalty for Wrongful Garnishment. Court may award costs and reasonable attorney fees; § 12-1598.07 sanctions for bad-faith garnishment.
9. Bankruptcy Interplay. Arizona opted out of federal exemptions; Chapter 7 trustee reaches non-exempt cash; Chapter 13 retains.
This is legal information, not legal advice.
- Account balance exceeds the $5,000 single-account cap
- Community-vs-separate property classification is disputed
- Wage garnishment exceeds the post-Prop-209 90% floor
- A.R.S. § 33-1126
- A.R.S. § 33-1131
- A.R.S. § 12-1580
- 42 U.S.C. § 407
- 31 C.F.R. Part 212
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.