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#50520 - 12/23/02 09:43 PM
Garnishments, subpenas, oh my
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Gold Star
Joined: Jul 2002
Posts: 338
Hell's Canyon
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*Short Rant*I can't wait until I make it through one entire cycle and everything I touch isn't a foreign language anymore!
OK - Working on Right to Financial Privacy Act and trying to make sure the governmental authorities are in compliance when they serve papers on us.
#1 - I want to make sure I'm aware of everything they can serve. I have summons, subpena, search warrant, levy, garnishment. Missing anything?
#2 - Who can authorize/sign? How do you know they are the head of the agency/department and they have the authority to request the information?
#3 - How do you know they have complied with the Right to Financial Privacy Act? Do they provide you with something when they serve? Do you request it special? Do you make them sign a certificate of compliance that you have provided? Have you had anyone refuse to sign? Did you provide the information anyway?
Call me clueless - sometimes I think I'm in a black hole.
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Wendy LaVoie
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#50521 - 12/23/02 10:19 PM
Re: Garnishments, subpenas, oh my
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Platinum Poster
Joined: Nov 2002
Posts: 598
Flushing, NY
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Tackling this Christmas Eve Eve, God bless you.
#1 -- Restraining Notices (they sometimes come with Q & A's #2 -- Good Question, no answer #3 -- The agency requesting the information should provide you with a certificate of compliance
Also, watch out for the court orders that have "gag" clauses, where you are not allowed to notify the customer.
Hope this helps, Merry Christmas -- go home, relax.
_________________________
It really doesn't matter, no one listens to me anyway.
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#50522 - 12/24/02 01:09 PM
Re: Garnishments, subpenas, oh my
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Gold Star
Joined: Jun 2002
Posts: 299
Midwest
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Regarding #1 - The toughie is knowing what each looks like from each agency. For instance, I was once sent a Subpoena from the Customs Service office half a planet away. We received it via FAX. So all kinds of lights go off. Does Customs have subpoena powers? If so, what should their subpoena look like? Is a subpoena served by FAX valid? I'm thinking to myself ... is this a scam by some joker trying to get info on our customer? Many long distance calls and staff time later we determined we had to respond.
Now I'm wondering after becoming a fan of "24"....is there a Counter Terrorism Unit and what the heck would their subpoena look like?
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Sponge Steve, CRCM, CBA
Opinions expressed are mine and not my employer's
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#50524 - 12/24/02 04:16 PM
Re: Garnishments, subpenas, oh my
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Power Poster
Joined: Aug 2002
Posts: 3,094
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Certificate of Compliance with the Right to Financial Privacy Act of 1978 TO: ____________________________________________________ ________________________________________________________ (Name and Address of Financial Institution) FROM: _________________________________________________ (Name of Government Agency) I hereby certify that the applicable provisions of the Right To Financial Privacy Act of 1978, 12 U.S.C. Secs.3401-3422, have been complied with as to the _________________________________________________________ (Summons, Subpoena or Formal Written Request) presented on ____________ _____ , 20 ___ for the following (Date) financial records of _________________________________________ : _________________________________________________________ _________________________________________________________ ____________ __, 20__ _____________________________________ (Date) (Signature) ___________________________ ___________________________ (Name and Title of Official) ___________________________ ___________________________ (Address) (Government Agency) ___________________________ (Telephone) Pursuant to the Right To Financial Privacy Act of 1978, good faith reliance upon this certificate relieves your institution and its employees and agents of any possible liability to the customer in connection with the disclosure of these financial records.
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Opinions are my own and not of my employer.
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#50525 - 12/24/02 04:22 PM
Re: Garnishments, subpenas, oh my *DELETED*
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Joined: Aug 2002
Posts: 3,094
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Post deleted by ahou
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#50526 - 12/24/02 04:37 PM
Re: Garnishments, subpenas, oh my
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Gold Star
Joined: Jul 2002
Posts: 338
Hell's Canyon
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Thanks to everyone for replying so close to the holiday! I now feel better about what I get and who signs it, but I'm still a little fuzzy on the certificate of compliance. I did grab the copy off the BOL site. However, do you find that the agency already has it filled out and served up on the proverbial platter waiting for you? In looking through most of our requests there is no mention of any compliance with the privacy act. In talking with our operations people the agencies are not aware of anything extra they need to provide and let us know that we had better comply or we will be assessed a penalty. Just would like to get a feel for what other banks do. In short, I guess my question is - Do you ask them to sign the certificate or do they provide it with the request? Thanks again - I don't know what I'd do without you guys!
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Wendy LaVoie
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#50527 - 12/24/02 04:45 PM
Re: Garnishments, subpenas, oh my
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10K Club
Joined: Oct 2000
Posts: 40,086
Cape Cod
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What you might be experiencing is ignorance of the RFPA, if the agencies you are dealing with are state or local. RFPA doesn't apply to them; you need to look to state law for that.
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John S. Burnett BankersOnline.com Fighting for Compliance since 1976 Bankers' Threads User #8
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#50528 - 12/24/02 04:49 PM
Re: Garnishments, subpenas, oh my
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Power Poster
Joined: Aug 2002
Posts: 3,094
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If we get a federal government request that does not contain a certification, we fax a certification form to the agency requesting the info and require that they complete it.
_________________________
Opinions are my own and not of my employer.
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#50530 - 12/26/02 03:48 PM
Re: Garnishments, subpenas, oh my
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Power Poster
Joined: May 2002
Posts: 3,608
Near the Land of Enchantment
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Be sure to read the document closely first. Some of the federal agencies are placing the certification language in their subpoena/summons/etc.
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Opinions my own.
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