What money in my bank account is protected from creditors in Maryland?
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 automatically protects direct-deposited federal benefits.
2. State Wild-Card / Cash Exemption. Md. Code, Cts. & Jud. Proc. § 11-504(b)(5) provides $6,000 wild card in cash or any property if claimed within 30 days. § 11-504(b)(4) adds $1,000 in household furnishings/appliances/books/pets. § 11-504(f) adds $5,000 wild card available in bankruptcy.
3. Other Source-Specific Exemptions. § 11-504(b)(2) public assistance; Lab. & Empl. § 8-106 unemployment; Lab. & Empl. § 9-732 workers' comp; Fam. Law § 10-101 alimony and child support; Ins. § 16-111 life insurance; and 75% of disposable wages (or 30× federal min wage; or $145/week in Caroline/Kent/Queen Anne's/Worcester counties) under Comm. Law § 15-601.1.
4. Retirement Accounts. Cts. & Jud. Proc. § 11-504(h) broadly exempts IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA plans.
5. Joint Accounts. Maryland strongly recognizes tenancy by entireties in personalty; entireties bank accounts of spouses are exempt from one spouse's individual creditors (Sterling v. Sterling).
6. Claim of Exemption Process. Md. R. 3-643 and Cts. & Jud. Proc. § 11-504(c): writ of garnishment served on bank; debtor must claim exemption within 30 days; hearing scheduled.
7. Burden of Proof. Debtor proves exempt source or entireties character.
8. Penalty for Wrongful Garnishment. Court may award costs and fees; bad-faith garnishment yields sanctions.
9. Bankruptcy Interplay. Maryland opted out of federal exemptions; in bankruptcy, $5,000 wild card under (f) is available; Chapter 7 reaches non-exempt cash.
This is legal information, not legal advice.
- Bank refused to honor entireties claim on marital account
- 30-day exemption deadline is approaching
- Out-of-state judgment is domesticated under UEFJA
- Md. Code Cts. & Jud. Proc. § 11-504
- Md. Code Comm. Law § 15-601.1
- 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.