At present four U.S. states—Pennsylvania, North Carolina, South Carolina, and Texas—do not allow wage garnishment at all except for tax-related debt, child support, federally guaranteed student loans, and court-ordered fines or restitution.
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.
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.
You can stop a bank account garnishment by filing a claim of exemption or objecting to the garnishment in court. To challenge the garnishment, you must prove: The funds in the account are exempt (e.g., Social Security, disability, or other protected income). The creditor failed to follow proper legal procedures.
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.
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.
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.
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.
The court will apply the relevant means test before it makes an order for garnishment. Certain types of income cannot be garnished or frozen in a bank account. Foremost among these are federal and state benefits, such as Social Security payments.
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.
In California, unpaid judgments are collectible for up to 10 years. Having an unpaid judgment exposes you to repeated efforts to freeze your bank account and/or garnish your wages.
Two types of accounts prevent you from accessing your money: savings accounts and CDs.
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.
It's possible to cash a check without a bank account by cashing it at the issuing bank or a check cashing store. It's also possible to cash a check if you've lost your ID by using an ATM or signing it over to someone else. Learn more below.
Because of information statements, the IRS probably already knows about your financial accounts. Here are some examples: When you receive more than $10 of interest in a bank account during the year, the bank has to report that interest to the IRS on Form 1099-INT.
You may appeal before or after the IRS places a levy on your wages, bank account, or other property. After the levy proceeds have been sent to the IRS, you may file a claim to have them returned to you. You may also appeal the denial by the IRS of your request to have levied property returned to you.
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.
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.
About bank levies
Some kinds of deposits can't be taken (they're exempt), like Social Security or Supplemental Security Income. Exemptions From the Enforcement of Judgments (form EJ-155) has a complete list. Enough money to meet basic needs must be left in the account.
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.
To discover the judgment debtor's bank account number, find someone who has written him a check. Get a copy of the cancelled check. The debtor's bank and bank account number should be on the back! If the judgment debtor owns a home or other real estate, you can record your judgment as a lien against the property.