What money in my bank account is protected from creditors in Ohio?
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. Ohio R.C. § 2329.66(A)(3) gives a $500 cash exemption ("cash on hand, money due, bank deposits"). § 2329.66(A)(18) adds a wild card of $1,475 (as adjusted) for any property. Combined, roughly $1,975 in a bank account is generally protected.
3. Other Source-Specific Exemptions. Public assistance and workers' comp (R.C. § 2329.66(A)(9)), unemployment (R.C. § 4141.32), disability assistance, alimony and child support, life insurance, and 75% of disposable earnings under § 2329.66(A)(13) are exempt.
4. Retirement Accounts. R.C. § 2329.66(A)(10) protects ERISA pensions, IRAs, Roth IRAs, 401(k)s, 403(b)s; also Keogh and SEP plans. Contributions within 120 days of judgment can be reached.
5. Joint Accounts. Ohio does not recognize tenancy by entireties in personalty; joint accounts under R.C. § 1109.07 may be reached for either holder's debt to extent of net contributions.
6. Claim of Exemption Process. R.C. § 2716.13: debtor receives notice of garnishment and must request a hearing within 5 business days; hearing held within 12 business days.
7. Burden of Proof. Debtor proves exempt source at hearing; wild card requires only claim.
8. Penalty for Wrongful Garnishment. Court may award costs and fees; creditor liable for damages on willful violation.
9. Bankruptcy Interplay. Ohio opted out of federal exemptions; Chapter 7 trustee reaches non-exempt cash; Chapter 13 retains it through plan.
This is legal information, not legal advice.
- Account balance exceeds the combined ~$1,975 exemptions
- Multiple creditors are simultaneously garnishing the account
- Recent retirement contributions (within 120 days) are at risk
- Ohio R.C. § 2329.66
- Ohio R.C. § 2716.13
- 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.