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#2166540 - 03/02/18 06:52 PM Garnishment Timing Question
SUP3RMAN 131 Offline
New Poster
Joined: Jul 2016
Posts: 6
Good afternoon,

My financial institution received a non-periodic garnishment in January and eventually sent partial funds to help satisfy part of the garnishment. We have now received another non-periodic garnishment that was filed with the court requesting the same unsatisfied amount. We reached out to the plaintiff's attorney to verify if they received the check from the first garnishment process. They indicated that they did but had already begun the process for requesting an additional garnishment.

So my question is do we as the garnishee hold what is signed by the court (the original amount) or do we deduct what we already sent and know the plaintiff's attorney received?

I've reached out to our legal council regarding this but was interested in any opinions here in the mean time. The customer is very upset stating we are holding more than what is legally allowed (since we know part of the garnishment is satisfied even though it isn't reflected).

Thanks,

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#2166541 - 03/02/18 06:58 PM Re: Garnishment Timing Question SUP3RMAN 131
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Not all states have "periodic" or "non-periodic" garnishments i.e. this is purely a question of state law. Your profile does not indicate what state your bank is located in or a moderator would probably move your question to that forum...
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#2166544 - 03/02/18 07:06 PM Re: Garnishment Timing Question Elwood P. Dowd
SUP3RMAN 131 Offline
New Poster
Joined: Jul 2016
Posts: 6
The state is Michigan.

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