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

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. Louisiana has no general cash wild card. La. R.S. § 13:3881(A)(1) protects 75% of disposable weekly earnings (or 30× federal min wage) from seizure, and Louisiana courts permit tracing of recently deposited wages into bank accounts. § 13:3881(A)(2) protects motor vehicle to $7,500; § 13:3881(A)(4) tools of trade to $7,500.

3. Other Source-Specific Exemptions. § 46:111 public assistance; § 23:1693 unemployment; § 23:1205 workers' comp; § 9:2004 spendthrift trusts; alimony and child support; crime-victim comp; § 22:912 life insurance; veterans benefits.

4. Retirement Accounts. La. R.S. § 20:33 and § 13:3881(D)(1) broadly exempt IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA plans, and § 11:292 et seq. public-employee retirement. Contributions within one year of judgment can be challenged.

5. Joint Accounts. Louisiana is a community-property state; community funds in bank accounts reachable for community-debt judgments; separate property of non-debtor spouse protected. Louisiana does not recognize tenancy by entireties.

6. Claim of Exemption Process. La. C.C.P. art. 2592 (summary proceeding) and art. 2298: debtor receives notice of seizure; debtor may file petition to dissolve or release seizure; hearing scheduled — best practice within 10-15 days.

7. Burden of Proof. Debtor proves exempt source.

8. Penalty for Wrongful Garnishment. La. C.C.P. art. 2298 allows damages for wrongful seizure; attorney fees recoverable.

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

This is legal information, not legal advice.