Is this correct? -
The rules for garnishment of federal benefits always applies except for requests from the United States and state child support enforcement agencies. However, these must still include in the request the "Notice of Right to Garnish Federal Benefits". If the notice is not included in the request, then we must conduct a "look back" and determine if there is a "protected amount".
> Child Support Enforcement - exempt if notice is present
> Execution/Garnishment General Sessions Court - applies
> Department of Revenue Levy - applies - even if instructions state that funds are payable immediately - we still have two days per the following footnote in the exam manual - Financial institutions will not violate state law by utilizing the two-day period because the rule preempts any state requirement
that an order be processed on the day of receipt. See 78 FR at
> IRS Levy - exempt because US and will not include the required notice (because the IRS can do whatever they want
We can assess our fee for processing the requests if we disclose in some manner (is included in our TIS) ahead of the garnished/levied amount, but never against the protected amount; except for IRS Levies where they specifically state that we cannot subtract a processing fee from the amount we send them.
Thanks in advance for your help...