A bank served with a garnishment has duties to the court, the creditor and the customer at once.
Esshaki Legal Media TeamCurrent as of May 2023
A financial institution served with a garnishment or levy becomes a stakeholder
between a judgment creditor and its own customer, with liability available in
both directions.
On receipt. Verify the account, identify the balance at the moment of
service, and place a hold consistent with the writ. Over-holding exposes the
bank to customer claims; under-holding exposes it to the creditor.
Federal benefit protections. Rules require a look-back review of the account
for direct-deposited federal benefit payments and the protection of a calculated
amount from freeze, with notice to the customer. This applies automatically and
without a claim of exemption.
Exemptions generally are asserted by the customer through a court process.
The institution’s role is usually limited to giving the required notice and
following the court’s determination.
Setoff. Many institutions have a contractual or common law right of setoff
for debts owed to them, and the interaction between setoff and a served
garnishment is timing-sensitive and state-specific.
Joint accounts, trust accounts and fiduciary accounts each raise separate
questions about whose funds are reachable.
Answers must be filed within the period the writ specifies. Failure can
result in the institution being liable for the whole judgment, which is the most
expensive back-office error available in this area.