What Creditors Can't Take in Montana
Money, home and vehicle exemptions that protect your property from creditors in Montana.
Short answer: No general dollar exemption for bank accounts. Exempt funds keep their protection in an account when traceable: earned wages for 45 days after receipt, and proceeds of exempt property for 6 months. Mont. Code Ann. § 25-13-610; § 25-13-608
| Money protected in a bank account | No general dollar exemption for bank accounts. Exempt funds keep their protection in an account when traceable: earned wages for 45 days after receipt, and proceeds of exempt property for 6 months. Social Security, public assistance, veterans' and disability benefits, and IRAs are exempt. § 25-13-608: https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0080/0250-0130-0060-0080.html |
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| Homestead exemption | The homestead value limit was $350,000 in 2021 and increases by 4% every calendar year after 2021; the Department of Revenue sets the current figure by administrative rule. Co-owners are limited to their proportional share. Inflation-adjusted annually. Source: Mont. Code Ann. § 70-32-104 |
| Vehicle exemption | One motor vehicle, up to $4,000 in value. Source: Mont. Code Ann. § 25-13-609(2) |
| Bankruptcy exemptions | Montana is an opt-out state: debtors may not use the federal bankruptcy exemptions in 11 U.S.C. 522(d) and must use Montana's exemptions. Source: Mont. Code Ann. § 31-2-106 |
More Montana debt & collections
- Statute of Limitations on Debt in Montana
- Wage Garnishment in Montana
- How to Respond to a Debt Collection Lawsuit in Montana
- All Montana debt & collections rules
FAQ
How much money in a bank account is protected from creditors in Montana?
No general dollar exemption for bank accounts. Exempt funds keep their protection in an account when traceable: earned wages for 45 days after receipt, and proceeds of exempt property for 6 months. Social Security, public assistance, veterans' and disability benefits, and IRAs are exempt.
What is the homestead exemption in Montana?
The homestead value limit was $350,000 in 2021 and increases by 4% every calendar year after 2021; the Department of Revenue sets the current figure by administrative rule. Co-owners are limited to their proportional share.
Can a creditor take my car in Montana?
One motor vehicle, up to $4,000 in value.
Which bankruptcy exemptions can I use in Montana?
Montana is an opt-out state: debtors may not use the federal bankruptcy exemptions in 11 U.S.C. 522(d) and must use Montana's exemptions.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.