What money in my bank account is protected from creditors in Missouri?
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. R.S.Mo. § 513.430.1(3) provides $600 in any property (the general wild card). § 513.440 adds $1,250 head-of-family plus $350 for each unmarried dependent child under 21. Combined, a household can shelter several thousand dollars in a bank account.
3. Other Source-Specific Exemptions. § 208.170 public assistance; § 288.380 unemployment; § 287.260 workers' comp; alimony and child support; § 376.530 life insurance; and 75% of disposable wages (90% for head of family) under § 525.030.
4. Retirement Accounts. R.S.Mo. § 513.430.1(10) and § 456.014 broadly exempt IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA plans, and public-employee pensions; contributions within 3 years prior may be challenged.
5. Joint Accounts. Missouri recognizes tenancy by entireties in personalty for married couples (In re Estate of King); properly titled entireties accounts exempt from one spouse's separate creditors.
6. Claim of Exemption Process. R.S.Mo. § 525.030 and Sup. Ct. R. 90: garnishment served; debtor receives notice; debtor must file timely motion to quash or claim exemptions (typically within 20 days) and appear at hearing.
7. Burden of Proof. Debtor proves exempt source.
8. Penalty for Wrongful Garnishment. R.S.Mo. § 525.080 allows damages for garnishee's bad-faith handling.
9. Bankruptcy Interplay. Missouri opted out of federal exemptions; Chapter 7 reaches non-exempt cash; Chapter 13 retains.
This is legal information, not legal advice.
- Head-of-family status is disputed in calculating exemptions
- Entireties character of a marital account is challenged
- Large IRA balance with recent contributions is at risk
- R.S.Mo. § 513.430
- R.S.Mo. § 513.440
- R.S.Mo. § 525.030
- 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.