Do you have a form letter template or suggested text that can be used when we receive a legal issue from outside a jurisdiction we would otherwise have
to honor, stating we will not be responding and that legal issues must come from our areas we are subject to?
I recently did an e-train webinar, regarding California Levies/Subpoenas as my credit union is located in California and Oregon. In this e-training the instructor told us that protected funds do not apply to child support levies. I have been to many seminars regarding levies and subpoenas and I have never been told this. I was taught of course that IRS levies do not apply to protected funds, but never child support. Does this rule only apply to California or to all states?
Where can I locate a look back form for a garnishment?
Do local state tax levies apply to protected funds?
Does an IRS tax levy apply to protected funds? Our depositor receives SSI into their dda account.
On page 13 of the handout for the new federal regulations, the 7th paragraph states "...the claim may serve as a continuing lien against future deposits that do not involve "benefit payments...". <i>Federal Register</i> Volume 76 Issue 36 page 18 paragraph 4 states "A small number of States authorize the issuance of a "continuing" garnishment order, i.e., an order requiring the garnishee to monitor, preserve and remit funds coming into the garnishees custody on an ongoing basis. The rule operates to prohibit a financial institution that is served with a continuing garnishment from complying with the order's ongoing requirements." My questions are: Do we monitor the account for 30 days as the garnishment states for deposits that are not protected funds? On page 9 of the same volume in the 8th(?) paragraph it states "The Agencies intend ... to ensure that after a garnishment order is received, the account holder continues to have the same degree of access to the protected funds that was provided prior to the receipt of the order." Does that mean that we cannot leave a hold on the account to avoid withdrawal of unprotected funds, still covering checks with protected funds? Also, would suspending the customer's debit card be against this?
Other then on accounts containing Federal Benefit payments, are banks required to notify a customer when they receive a Garnishment notice?
I attended the 2011 webinar, "New Requirements for Identifying Exempt Funds When Processing Garnishments: Final Regulations." Do we look at each account individually? A savings account has no "protected funds" going into it, however, the funds are from a checking account that is "protected." Does this matter or do I just take the savings account and not look back?
Does the new Garnishment of Accounts for Federal Benefit Payments pertain to consumers and not businesses? Normally, a business will not receive any of these Federal payments. Are we still required to do the two month review for documentation when we receive a levy on a business?
Does the new rule on Garnishments of Accounts containing federal benefits payments, apply exclusively to claims titled 'Garnishment' or do those titled Levy, Citation, etc also need to be included in making determinations?