What money in my bank account is protected from creditors in Washington?
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. RCW § 6.15.010(1)(d)(ii) protects $2,500 in any deposit account from garnishment to satisfy consumer debt or medical debt (recent 2021 amendment); $500 for non-consumer judgments. § 6.15.010(1)(d)(i) adds $3,000 in personal property wild card with $1,500 ceiling on cash within that.
3. Other Source-Specific Exemptions. RCW § 74.13.070 public assistance; § 50.40.020 unemployment; § 51.32.040 workers' comp; child support, disability income, life insurance, and 80% of disposable wages or 35× state min wage under § 6.27.150 (one of nation's higher protections).
4. Retirement Accounts. RCW § 6.15.020 broadly exempts ERISA plans, IRAs, 401(k)s, 403(b)s, Roth IRAs, Keogh, SEP — generally no dollar cap.
5. Joint Accounts. Washington is a community-property state; community funds reachable for either spouse's community debts, but separate property of non-debtor spouse protected.
6. Claim of Exemption Process. RCW § 6.27.160: garnishment writ served on bank; debtor receives First Answer and Exemption Claim form; debtor must file claim within 28 days of writ service.
7. Burden of Proof. Debtor must specify which exemption claimed and supporting facts.
8. Penalty for Wrongful Garnishment. RCW § 6.27.230 allows damages, costs, and reasonable attorney fees for wrongful garnishment.
9. Bankruptcy Interplay. Washington allows election of state or federal exemptions; Chapter 7 reaches non-exempt cash; Chapter 13 retains.
This is legal information, not legal advice.
- Judgment creditor disputes consumer-vs-non-consumer classification
- Wage exemption calculation under § 6.27.150 is contested
- Multiple garnishments hit the same account in one cycle
- RCW § 6.15.010
- RCW § 6.27.150
- RCW § 6.15.020
- 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.