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What money in my bank account is protected from creditors in New Jersey?

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 automatically protects direct-deposited federal benefits.

2. State Wild-Card / Cash Exemption. N.J.S.A. § 2A:17-19 provides a $1,000 personal-property exemption that can apply to cash in a bank account — quite modest. New Jersey has no separate larger wild card.

3. Other Source-Specific Exemptions. Public assistance (§ 44:7-35), unemployment (§ 43:21-15), workers' comp (§ 34:15-29), 90% of wages of debtors earning under $7,500 per § 2A:17-56 (creditor may reach only 10% if debtor's wages are below threshold), alimony and child support, life insurance proceeds, and crime-victim comp are exempt.

4. Retirement Accounts. N.J.S.A. § 25:2-1(b) broadly protects ERISA plans, IRAs, 401(k)s, 403(b)s, Roth IRAs, Keogh, SEP — no dollar cap for traceable retirement funds.

5. Joint Accounts. New Jersey does not recognize tenancy by the entireties in personal property; joint accounts subject to creditor reach under Multiple Party Deposit Account Act.

6. Claim of Exemption Process. R. 4:59-1(g) and N.J.S.A. § 2A:17-50: bank levy executed; debtor receives notice; debtor objects via opposition to motion for turnover (typically returnable within 10 business days).

7. Burden of Proof. Debtor proves exempt source.

8. Penalty for Wrongful Garnishment. R. 1:4-8 sanctions and damages for bad-faith levy.

9. Bankruptcy Interplay. New Jersey debtors may choose state or federal exemptions; Chapter 7 reaches non-exempt cash; Chapter 13 retains.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Motion for turnover is scheduled within 10 business days
  • Bank refused to honor Social Security trace despite Part 212 rule
  • Debtor's wages are at or near the § 2A:17-56 threshold
Related Statutes & Laws
  • N.J.S.A. § 2A:17-19
  • N.J.S.A. § 2A:17-56
  • N.J.S.A. § 25:2-1
  • 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.