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Garnishment - how much to hold?
by Sam Ott, BOL Guru
BIO AND CONTACT INFO
Question: I was wondering if we are to hold the amount of the garnishment or the balance in the account at the time of receiving the order.
Answer: If you determine that the garnishment summons applies to an account in your institution, a hold should be placed on the amount of funds equal to the amount listed in the garnishment. In the event the amount of funds sought is greater than the balance in the account, you would be placing a hold on the entire account balance. On the other hand, if the account balance is greater than the amount of funds sought in the garnishment, the hold should only be placed on sufficient funds to satify the garnishment amount. In Oklahoma, the garnishment only applies to collected funds in the account at the time the garnishment was received. If a customer makes a deposit after the garnishment is received, the garnishment will not apply to the deposit. Check your state law to determine if a garnishment will reach subsequent deposits.
First published on BankersOnline.com 08/25/03
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