I know just enough about garnishments to be dangerous. I have a question regarding being served twice within the same month. Let's say the garnishment amount was $1,000. The first time it was received the Bank the customer (personal) had only $100 in her account. We debited the account, sent out the exemption notices, etc. We have heard nothing from any of the parties to the garnishment (no exemption, no authorized release of funds by either customer or judgement creditor, etc.). We just received another garnishment summons for the same $1,500 (same judgement creditor, same customer, etc.). This time the customer has the remaining $1,400 in her account. Do we pull it? Any responses ASAP would be welcome.

Thank you in advance.

I'll give a $1 to anyone that takes a stab at this post.

I'll take a stab, consult counsel. Keep the buck, you'll need it for counsel's bill.

Thanks Andy, the best laugh (and probably advice) I have had today.

Counsel is the best route because of the risks here. Damned if you do, damned if you don't, so to speak.

I recall garnishing an insurance payout once. It was a cumbersome process but I got my money in the end. When it was over, our attorney found out the garnishment of the insurance award should not have been allowed. Had their attorney been sharp enough, they'd have known that. Because it is easy to err, I'd do so with the best advise I could.

I assume you meant to say the first garanishment that came in was for $1500?

Yep, the second whack at the money tree by the party sending the garnishment has proven fruitful. They get the $1400. There is no limit that I know of in any state where the garnishing creditor only gets one try a month. Bank collectors use this tactic all the time --- bombard the bank with garishments and you'll eventually hit a big direct deposit or such.

This is apparently one of those varies by States items. Kansas Orders are a little over 100% of the amount of judgement. They can only garnish an account once a month.

The timing for the Order to Pay in is variable.
We have had some garnishments that we will turn over as unclaimed property after we've had them for five years. If the amount is too small for plaintiff's counsel to bother with, it just stays in the drawer.

Question of my own: Do you accept garnishments by fax?

We notify the account holder as required, and place a hold on the account for the amount of the garnishment. The current balance and all future deposits are held until the return date up to the amount of the garnishment. The garnishments are date and time stamped upon arrival, and are first in / first out on the account holder from the same creditor or from a new / different creditor. You should obtain a copy of the garnishment rules/laws issued by your state. Your state banking association should be able to provide or direct you where to get a copy.

In reply to:

---

We notify the account holder as required, and place a hold on the account for the amount of the garnishment.

---

When I took care of Garnishments for a previous bank I worked at, this is what I did. If an account had only $100 in it and the garnishment was for $1500, we would take the $100 and put a hold for $1400, any money that came into the account was taken to fulfill the garnishment. The first garnishment would be fulfilled before the second one, plus we would send a letter with the $100 stating that a hold was placed on the account, for the remaining $1400.

Wow, brings back memories! I sure miss it sometimes...I love law!

I hate to add any more to this post, since I already owe five people $1 for their responses, but I'd like to make a few more comments that might transcend (good word) state boundaries. I believe faxes (ouch) are unacceptable. Most state statutes will clearly define the garnishment summons service requirements. Typically you are looking at two methods; personal (in-person) or certified mail- return receipt requested. The judgement creditor will normally lose a day with certified mail (as opposed to personal service) and this can make a difference since many states direct the bank to hold collected funds only at the time of service (not continually hold funds until the the amount stated in the garnishment summons is reached). I've checked my state garnishment statutes and they are silent on the issue of how quickly the judgement creditor can re-serve(go back to the well that has water in it). That was the basis for my original question. Absent clear legal direction, we have no basis for denying the processing of the second claim by the same judgement creditor.