What money in my bank account is protected from creditors in Tennessee?
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. T.C.A. § 26-2-103 provides a $10,000 personal-property exemption usable for cash in a bank account — one of the more generous personal-property exemptions in the country. There is no separate banking-specific exemption beyond this.
3. Other Source-Specific Exemptions. § 26-2-111(1) protects Social Security, public assistance, unemployment (§ 50-7-405), workers' comp (§ 50-6-223), veterans benefits, alimony and child support to extent necessary, crime-victim comp, fraternal benefits, and 75% of disposable earnings under § 26-2-106 (or 30× federal min wage).
4. Retirement Accounts. T.C.A. § 26-2-105 and § 26-2-111(1)(D) broadly exempt IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA plans, and public-employee pensions; § 26-2-104 exempts unmatured life insurance.
5. Joint Accounts. Tennessee recognizes tenancy by entireties in personalty for married couples; properly titled entireties accounts are exempt from one spouse's separate creditors (Sloan v. Jones).
6. Claim of Exemption Process. T.C.A. § 26-2-114 and Tenn. R. Civ. P. 69.05: garnishment served; debtor receives notice and exemption form; debtor must file timely motion (typically within 20 days) and appear at hearing.
7. Burden of Proof. Debtor proves exempt source.
8. Penalty for Wrongful Garnishment. § 26-2-410 allows damages for failure to honor exemption claims.
9. Bankruptcy Interplay. Tennessee opted out of federal exemptions; Chapter 7 reaches non-exempt cash; Chapter 13 retains.
This is legal information, not legal advice.
- Cash balance exceeds the $10,000 § 26-2-103 wild card
- Entireties character of a joint account is contested
- Creditor seeks turnover of IRA contributions
- T.C.A. § 26-2-103
- T.C.A. § 26-2-106
- T.C.A. § 26-2-105
- 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.