Garnishment rules

Discussion in 'Other Debt, Collection, Garnishment' started by johnsongr, Feb 16, 2012.

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  1. johnsongr

    johnsongr Law Topic Starter New Member

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    From the perspective of a bank in receipt of a garnishment order - can a small balance threshhold be set under which we can reply that the garishee has no funds available. For example: the customer/garnishee has $2.21 in his account upon receipt of the garnishment - in this case it costs us more to process the garnishment than the balance (cutting a cashier's check, mailing it certified, employee time). Our usual garnishment fee is $100 (which we would not charge in this case. Is it legal for us to set a minimum amount (such as $10)- if the garnishee has under $10 on deposit - we consider this no funds?
     
  2. army judge

    army judge Super Moderator

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    No, you must comply with the court order.
    But, you're a bank, right?
    You're could be breaching your fiduciary duty by seeking free legal non-advice.
    Talk to your bank's legal advisors.
    Don't jeopardize your business by being pound wise and penny foolish.
     
    rhonda2012 likes this.
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