What money in my bank account is protected from creditors in Colorado?
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. Colorado has no general cash wild card. C.R.S. § 13-54-102(1)(s) protects $7,500 of household goods, $3,000 jewelry, and $10,000 motor vehicle, but these do not generally cover bank cash. However, § 13-54-102.5 protects $1,000 in any property — a small wild card.
3. Other Source-Specific Exemptions. § 26-2-131 public assistance; § 8-80-103 unemployment; § 8-42-124 workers' comp; § 13-54-104(2) wage exemption (80% of disposable or 40× state min wage starting 2024); § 13-54-102(1)(a) cemetery property; § 10-7-205 life insurance; alimony and child support.
4. Retirement Accounts. C.R.S. § 13-54-102(1)(s) and (1)(p) broadly exempt IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA plans; PERA plans separately protected by § 24-51-212.
5. Joint Accounts. Colorado does not recognize tenancy by entireties; joint accounts treated as joint tenancy with right of survivorship; creditor may reach debtor's share.
6. Claim of Exemption Process. C.R.S. § 13-54.5-110 and § 13-55-101: writ served; debtor receives notice and exemption form; debtor must file claim within 14 days of writ service; hearing scheduled.
7. Burden of Proof. Debtor proves exempt source.
8. Penalty for Wrongful Garnishment. Court may award costs and fees; § 13-17-102 bad-faith sanctions.
9. Bankruptcy Interplay. Colorado opted out of federal exemptions; Chapter 7 reaches non-exempt cash; Chapter 13 retains.
This is legal information, not legal advice.
- Account has no significant exempt-source deposits
- 14-day claim deadline is approaching
- Joint account is being levied for one holder's debt
- C.R.S. § 13-54-102
- C.R.S. § 13-54-104
- C.R.S. § 13-54.5-110
- 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.