What money in my bank account is protected from creditors in Wisconsin?
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. Wis. Stat. § 815.18(3)(k) protects up to $5,000 of debtor's interest in deposit accounts — a specific banking exemption. § 815.18(3)(d) protects $12,000 in household goods, tools of trade, etc., not directly applicable to cash.
3. Other Source-Specific Exemptions. Wis. Stat. § 49.96 public assistance; § 108.13 unemployment; § 102.27 workers' comp; § 815.18(3)(j) life insurance; alimony and child support; veterans benefits (§ 815.18(3)(m)); and 80% of disposable earnings (or 30× federal min wage) under consumer credit transactions per § 425.106; § 815.18(3)(h) protects greater of 75% or 30× FMW.
4. Retirement Accounts. Wis. Stat. § 815.18(3)(j) and (n) broadly exempt IRAs, 401(k)s, 403(b)s, Roth IRAs, ERISA plans, and § 40.08 public-employee pensions.
5. Joint Accounts. Wisconsin is a marital-property state; marital property reachable for marital-debt obligations but separate property of non-debtor spouse protected.
6. Claim of Exemption Process. Wis. Stat. § 812.37 (non-earnings garnishment): bank served; debtor receives notice and exemption form; debtor must claim exemption within 5 business days of receipt; hearing held promptly.
7. Burden of Proof. Debtor proves exempt source and amount.
8. Penalty for Wrongful Garnishment. § 812.40 imposes liability on garnishee for wrongful conduct; bad-faith creditor may face sanctions.
9. Bankruptcy Interplay. Wisconsin allows election of state or federal exemptions; Chapter 7 reaches non-exempt cash; Chapter 13 retains.
This is legal information, not legal advice.
- Account exceeds the $5,000 depository-account cap
- 5-business-day deadline for exemption claim is tight
- Marital-vs-individual property classification is contested
- Wis. Stat. § 815.18
- Wis. Stat. § 812.37
- Wis. Stat. § 425.106
- 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.