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.
State Garnishment Laws
If a state law is less restrictive, the federal law prevails. While all states allow wage garnishment for child support and unpaid state taxes, four states — North Carolina, Pennsylvania, South Carolina and Texas — don't allow wage garnishment for creditor debts.
Ultimately, if a creditor wishes to pursue garnishment of a bank account in another state, they must generally initiate separate legal proceedings in the state where the bank operates. One of the best strategies to protect cash accounts is to deposit funds in an out-of-state bank whose laws do not permit garnishments.
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 are several ways to open a bank account no creditor can touch, (1) using state laws that prohibit garnishment of bank accounts, (2) utilising an exempt bank account, (3) keeping an account with just exempt funds. (4) opening an offshore bank account.
A levy allows the creditor to take funds directly from a bank account to satisfy unpaid debts or taxes. In most cases, levies are permitted only by court order as part of a lawsuit judgment. However, certain government agencies, including the Internal Revenue Service, can levy a bank account without a court order.
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.
If you owe more than the creditor got with their first levy, they can keep pursuing levies until the debt is fully paid. Though the judgment creditor does need permission from the court to do this, it's pretty easy for a judgment creditor to get additional court approval.
Call and write your bank or credit union
Tell your bank that you have “revoked authorization” for the company to take automatic payments from your account. You can use this sample letter . Some banks and credit unions may offer you an online form.
You may or may not be notified that the levy is in progress. To add insult to injury, banks may even charge you a fee to process the levy. Some bank levies remain on an account until the debt is paid or the levy is lifted. A levy can be used more than once, even on the same account.
If your wages or bank account have been garnished, you may be able to stop it by paying the debt in full, filing an objection with the court or filing for bankruptcy.
Two types of accounts prevent you from accessing your money: savings accounts and CDs.
Certain federal benefits, such as Social Security, SSI, and Veterans Assistance, have additional protections under federal law when those funds are deposited into a bank account or onto a prepaid card. These federal benefits remain exempt from garnishment when directly deposited into your bank account.
Debt collectors can only take money from your bank account with your authorization or with a court order. If you did not authorize the debt collector and if you did not receive notice of a lawsuit and court hearing, then the debt collector is violating the law.
Ordinary garnishments
Under Title III, the amount that an employer may garnish from an employee in any workweek or pay period is the lesser of: 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.
There are a number of exemptions for different types of income which may apply to lessen or halt the bank levy. Important ones include Social Security payments, pension and government benefits. In addition, if you can show that the money in the account is needed for the basic necessities of life, it will be exempt.
With few exceptions, if the garnishment order originated out-of-state, and that state's court has personal jurisdiction over the employer and has issued proper service, as reported by the National Law Review, the garnishment order is valid and enforceable over the wages owed.
Protections for Low-Income Debtors
California law offers additional protections if your income is very low, in which case your wages are fully exempt from garnishment. This means that if you earn minimum wage or close to it, creditors cannot garnish your wages at all.
Can debt collectors see your bank account balance or garnish your wages? Collection agencies can access your bank account, but only after a court judgment.
Most creditors must file a lawsuit and get a judgment against you before freezing your bank account. If the creditor wins the suit, the court issues a money judgment to the creditor. This money judgment serves as proof of the amount owed.
Methods for protecting assets from lawsuit in California include shifting ownership into legal entities such as trusts, taking advantage of legal protections for homesteads and retirement accounts, and maintaining appropriate insurance coverage.