Through the “right of offset,” banks and credit unions are legally allowed to remove funds from a checking account. They can do this to pay a debt on another account that the consumer has with that same financial institution.
In such cases, the bank must inform you of the freeze and provide an explanation. The bank may also freeze your account if you owe the bank money and have not made timely payments. However, the bank can only seize your money with a court order.
Once a creditor has a money judgment, it can use a collection procedure called “levying” (seizing) your bank account to get paid. However, certain benefits, like Social Security, are off limits from this process—at least to some extent. Keep reading to find out how to protect your bank account from seizure.
Bank accounts solely for government benefits
Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
What Accounts Can the IRS Not Touch? Any bank accounts that are under the taxpayer's name can be levied by the IRS. This includes institutional accounts, corporate and business accounts, and individual accounts. Accounts that are not under the taxpayer's name cannot be used by the IRS in a levy.
What States Prohibit Bank Garnishment? Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. According to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.
There is no set amount of time that an account may be frozen. Freezes are usually lifted once the account holder satisfies the conditions that led to the freeze. When a bank account is frozen, it may be because of money owed to another individual or business.
A bank account freeze means you can't take or transfer money out of the account. Bank accounts are typically frozen for suspected illegal activity, a creditor seeking payment, or by government request. A frozen account may also be a sign that you've been a victim of identity theft.
You cannot be arrested or go to jail simply for having unpaid debt. In rare cases, if a debt collector sues you to collect on a debt and you don't respond or appear in court, that could lead to arrest. The risk of arrest is higher, however, if you fail to pay taxes or child support.
Inflation Is Eating Away at Your Funds
According to the Bureau of Labor Statistics, the average rate of inflation from April 2023 to April 2024 was 3.4%. If you've been keeping your money in a savings account with a lower yield than the rate of inflation, you should switch over to a higher-yield account.
Banks face fines if they fail to provide free access to cash withdrawals for consumers and businesses, the Treasury has confirmed.
Both state and federal laws prohibit unauthorized withdrawals from being taken from your bank account or charges made to your credit card without your express consent having first been obtained for that to occur. Some laws require this consent to have first been obtained expressly in writing.
Unless your bank has set a withdrawal limit of its own, you are free to take as much out of your bank account as you would like. It is, after all, your money. Here's the catch: If you withdraw $10,000 or more, it will trigger federal reporting requirements.
However, the general rule is that debt collectors, even with your details, cannot simply remove funds from your account without specific authorization. Typically, they require something known as a 'bank levy' to access your account.
If your bank closes your account with money in it, you will most likely receive a check or deposit with the remaining balance.
Deposits to your checking account may be subject to holds, which restrict your access to the funds, typically lasting up to seven business days for certain circumstances. Federal laws regulate deposit holds, with most deposits being available within one or two business days.
You Have A Right UNDER EFTA (Electronic fund transfers act) To Sue Any Bank That Unlawfully Keeps Your Money, Or Who Fails to Follow Your Instructions For Disbursing It. Banks owe you a duty to only give out funds that you authorize, and to only give out funds in the manner that you instruct them.
However, involuntary or statutory liens can also be created when a creditor seeks legal action for nonpayment of a debt. For example, a court can place a lien on the debtor's assets, including property and bank accounts.
Two types of accounts prevent you from accessing your money: savings accounts and CDs.
An IRS levy permits the legal seizure of your property to satisfy a tax debt. It can garnish wages, take money in your bank or other financial account, seize and sell your vehicle(s), real estate and other personal property.
How often can I deposit $9,000 cash? If your deposits are for the same transaction, they cannot exceed $10,000 per year without reporting. Although the IRS does not regulate how often you can deposit $9,000, separate $9,000 deposits may still be flagged as suspicious transactions and may be reported by your bank.
When your bank receives a court order of garnishment, it usually takes a week to 14 days to implement. Once in place, you won't be able to withdraw funds, and any checks you write (or have written) should be bounced, leaving you with Not Sufficient Funds fees.