What money in my bank account is protected from creditors in Georgia?

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 for directly deposited federal benefits.

2. State Wild-Card / Cash Exemption. OCGA § 44-13-100(a)(6) provides a $1,200 wild card for any property. § 44-13-100(a)(1) homestead exemption is $21,500; unused portion up to $10,000 can be applied to other property under (a)(6) — totaling potentially $11,200 wild card for cash.

3. Other Source-Specific Exemptions. OCGA § 44-13-100(a)(2): unemployment, workers' comp, public assistance, veterans benefits, disability/illness/unemployment benefits, alimony and child support to extent reasonably necessary. § 18-4-5 protects 75% of disposable earnings (or 30× federal minimum wage).

4. Retirement Accounts. OCGA § 44-13-100(a)(2.1) exempts IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA pensions to extent reasonably necessary for debtor's support.

5. Joint Accounts. Georgia does not recognize tenancy by the entireties; joint accounts may be reached for either holder's debts.

6. Claim of Exemption Process. OCGA § 18-4-15 et seq.: garnishment summons served on bank with debtor's notice and claim form; debtor must file traverse/claim of exemption with court — best practice within 15 days.

7. Burden of Proof. Debtor must prove exempt source at hearing.

8. Penalty for Wrongful Garnishment. OCGA § 18-4-12 makes garnishee liable for damages for false return; bad-faith claims may yield fees under § 18-4-92.

9. Bankruptcy Interplay. Georgia opted out of federal bankruptcy exemptions; Chapter 7 reaches non-exempt cash; Chapter 13 retains.

This is legal information, not legal advice.