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#2242410 - 09/14/20 07:22 PM Legal fees cap?
danyielg Offline
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danyielg
Joined: Jun 2007
Posts: 437
OK
Does Oklahoma have a cap on what a bank can charge for processing garnishments or levies? We are updating our fee schedule and would like to increase to $30 from $25 (our peers charge $30, however they are a National Bank, we are state)

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#2242413 - 09/14/20 07:52 PM Re: Legal fees cap? danyielg
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
I thought that in OK the judgement creditor had to submit a $25 fee to the bank when they issued a general garnishment to the bank to cover the costs under 12 O.S. § 1190? You might check with your legal counsel or your banker's association.
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#2242431 - 09/15/20 12:53 AM Re: Legal fees cap? danyielg
Pauli Loeffler Offline
Member
Pauli Loeffler
Joined: Jan 2011
Posts: 77
OK
Banks receive $25 with a non-earnings garnishment summons to process it, however, your garnishment fee can exceed $25 with no limit under Oklahoma law. Some banks have different fees for commercial vs consumer accounts. I have seen fees of $35 - $100, but fee income is only good if you can collect it. Along the same lines, you cannot take the amount exceeding the $25 fee remitted with the garnishment from funds to be remitted to the creditor, so in most cases, you would need to take the account negative. You cannot take a garnishment fee from funds subject to an IRS levy, and the amount you are entitled to take from funds for a child support levy is set by statute. The point is that charging the fee may simply result in a larger charge off, but yes, you can set a fee as high as you like.

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