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