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

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

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. I.C. § 34-55-10-2(c)(3) provides $400 of intangible personal property exemption (including bank accounts) — modest. § 34-55-10-2(c)(2) provides $10,250 in tangible non-residential property, not generally available for cash.

3. Other Source-Specific Exemptions. I.C. § 12-14-26-1 public assistance; § 22-4-33-3 unemployment; § 22-3-2-17 workers' comp; § 27-2-5-1 life insurance; child support and alimony received; crime-victim comp; and 75% of disposable earnings (or 30× federal min wage) under I.C. § 24-4.5-5-105.

4. Retirement Accounts. I.C. § 34-55-10-2(c)(6) broadly exempts ERISA plans, IRAs, 401(k)s, 403(b)s, Roth IRAs; § 5-10.3-8-9 public-employee retirement.

5. Joint Accounts. Indiana recognizes tenancy by entireties in personalty for married couples; properly titled entireties bank accounts are exempt from one spouse's separate creditors.

6. Claim of Exemption Process. I.C. § 34-55-10-2 and Trial Rule 64: garnishment served on bank; debtor receives notice; debtor must file motion to claim exemption (typically within 20 days of receiving notice) and appear at hearing.

7. Burden of Proof. Debtor proves exempt source and asserts exemption schedules.

8. Penalty for Wrongful Garnishment. Court may award costs and fees; bad-faith garnishment can yield sanctions under T.R. 11.

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

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Account balance materially exceeds the $400 intangible exemption
  • Entireties protection on joint marital account is challenged
  • Wage-share calculation involves multiple deductions
Related Statutes & Laws
  • I.C. § 34-55-10-2
  • I.C. § 24-4.5-5-105
  • I.C. § 22-4-33-3
  • 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.