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#2067296 - 03/03/16 03:52 PM Garnishment/Levy Fee
Claudia M Offline
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Joined: Jan 2016
Posts: 69
I have looked in a Truth in Savings book I have which address all aspects of this legislation, even how it interacts with with Reg E and those fees, but while it discusses what fees need to be disclosed at acct opening or must give notice to the customer (lists included and excluded), it does not specically address Garnishments and Levies - fees. I would think that since some customers will never experience this type of fee and it is not particular to any particular type of account (similara to a stop pay), it would not require the 30 day notice, BUT I don't want to presume anything. Does anyone have this answer or know where I might find an answer?

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#2067298 - 03/03/16 04:03 PM Re: Garnishment/Levy Fee Claudia M
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
The Regulation DD commentary specifically says you are not required to disclose them:

2. Other fees. Institutions need not disclose fees such as the following:

i. Fees for services offered to account and nonaccount holders alike, such as travelers checks and wire transfers (even if different amounts are charged to account and nonaccount holders).

ii. Incidental fees, such as fees associated with state escheat laws, garnishment or attorneys fees, and fees for photocopying.


Regardless, I suggest you disclose them in fairness to the consumer and to support your claim if you happen to have assessed the fee before delivering the funds to the creditor. The fact that you voluntarily disclosed it does not mean you would have to give notice before you changed it. Regardless, I would.
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#2067330 - 03/03/16 05:09 PM Re: Garnishment/Levy Fee Elwood P. Dowd
Claudia M Offline
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Joined: Jan 2016
Posts: 69
Great - so sorry I missed the ii when I took a look. Thanks so very much for the information!

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