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Garnishment of bank account

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wrencon

Member
What is the name of your state? Florida
I lost a civil case and the time for appeal and rehearing are just over and nothing were filed. Can the plaintiff send a garnishment notice or request (or something similar) to the bank where I have a checking account, without having my social security number in hand? In order to send such notice to bank, whether the judgment copy is enough or plaintiff needs to get a garnishment order or so, approved from the court? Any additional information how this process works, is helpful.
 


zddoodah

Active Member
Can the plaintiff send a garnishment notice or request (or something similar) to the bank where I have a checking account, without having my social security number in hand?
I don't know the specifics of the bank levy/garnishment process, but I would be shocked if the judgment creditor needed to have your SSN.
 

Taxing Matters

Overtaxed Member
Can the plaintiff send a garnishment notice or request (or something similar) to the bank where I have a checking account, without having my social security number in hand?
Your SSN is not needed for the garnishment of your bank account to succeed. The plaintiff just needs enough information that the bank can determine what accounts to attach.

In order to send such notice to bank, whether the judgment copy is enough or plaintiff needs to get a garnishment order or so, approved from the court?
The judgment creditor goes to the clerk of the court to have the clerk sign the garnishment order and then the creditor serves it on the bank. You won't get advance notice of this. [/QUOTE]
 

LdiJ

Senior Member
Your SSN is not needed for the garnishment of your bank account to succeed. The plaintiff just needs enough information that the bank can determine what accounts to attach.


Do you really think that most banks these days would actually freeze/levy a bank account without an SSN? Although my guess is in 99.99% of the cases the judgment creditor is going to have the person's SSN.

The judgment creditor goes to the clerk of the court to have the clerk sign the garnishment order and then the creditor serves it on the bank. You won't get advance notice of this.
[/QUOTE]

I have never understood why people think that they should get advance notice.
 

Taxing Matters

Overtaxed Member
Do you really think that most banks these days would actually freeze/levy a bank account without an SSN?

Yes, because the law obligates the bank to do it. And indeed, the form in Florida that is used for bank garnishment does not even have a spot for the SSN on it.
 

LdiJ

Senior Member
Yes, because the law obligates the bank to do it. And indeed, the form in Florida that is used for bank garnishment does not even have a spot for the SSN on it.
I don't know how they could be sure that they are freezing an account that actually belongs to the person in question and not someone's account who has a similar name.
 

quincy

Senior Member
I don't know how they could be sure that they are freezing an account that actually belongs to the person in question and not someone's account who has a similar name.
It depends on the debt and how it was incurred but, in the case of credit card debt or loans, the debtor generally will have filled out an application that provides the creditor with all of the information needed to identify the debtor’s bank and account information, and payments made by the debtor on the card or loan often will be by check.

What is more important than a social security number for garnishment is the bank account number.

If the judgment and writ does not clearly identify the debtor so that the bank can not verify an account belongs to the debtor, the bank responds to the writ of garnishment stating as much.
 

LdiJ

Senior Member
It depends on the debt and how it was incurred but, in the case of credit card debt or loans, the debtor generally will have filled out an application that provides the creditor with all of the information needed to identify the debtor’s bank and account information, and payments made by the debtor on the card or loan often will be by check.

What is more important than a social security number for garnishment is the bank account number.

If the judgment and writ does not clearly identify the debtor so that the bank can not verify an account belongs to the debtor, the bank responds to the writ of garnishment stating as much.
That does make sense.
 

wrencon

Member
Many thanks.
I work for a company and my annual salary, as per my offer letter, is $66K this year. From this salary, the employer deducts taxes, health benefits, etc. My husband is self-employed (he did not incorporate an LLC or so) and if he receives e.g., $81K and spend $21K this year then, am I still qualified as head of household? I am judgment debtor. A person qualified as Head of household/family can get exception from wage garnishment, under Florida statute 222.11 https://www.flsenate.gov/Laws/Statutes/2012/222.11 . Am I qualified for the head of household because I am making $66K but my husband is making $61k (81 minus 21)?
 

quincy

Senior Member
Many thanks.
I work for a company and my annual salary, as per my offer letter, is $66K this year. From this salary, the employer deducts taxes, health benefits, etc. My husband is self-employed (he did not incorporate an LLC or so) and if he receives e.g., $81K and spend $21K this year then, am I still qualified as head of household? I am judgment debtor. A person qualified as Head of household/family can get exception from wage garnishment, under Florida statute 222.11 https://www.flsenate.gov/Laws/Statutes/2012/222.11 . Am I qualified for the head of household because I am making $66K but my husband is making $61k (81 minus 21)?
It doesn’t appear that you qualify as head of household.

Here is a link to 15 USC section 1673:
https://www.law.cornell.edu/uscode/text/15/1673

For how much is the judgment against you?
 

Zigner

Senior Member, Non-Attorney
I don't know how they could be sure that they are freezing an account that actually belongs to the person in question and not someone's account who has a similar name.
That's why the money is frozen and the account holder is given an opportunity to object to the garnishment.
 

quincy

Senior Member
Appreciate. Sorry, I sent wrong link and statute number. Could you kindly see statute 77.041 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0077/Sections/0077.041.html ?
The judgment is a very large amount which I cannot pay in my life. Also I cannot file for bankruptcy for some other reasons.
If there is an exemption that applies to the funds in your account, you should file the form for claim of exemption and request an immediate hearing.

Before filing a claim for exemption, you should ask an attorney in your area to review your financial information to determine if you actually qualify for an exemption. You will be filing the claim under penalty of perjury.

Judgments last a long time. Your creditor probably will get paid, if not in full then at least some of what you owe will be collected by the creditor. I don’t see you avoiding this.
 

zddoodah

Active Member
Do you really think that most banks these days would actually freeze/levy a bank account without an SSN? Although my guess is in 99.99% of the cases the judgment creditor is going to have the person's SSN.
I do. In fact, I know it to be the case because the company for which I work has hundreds of money judgments, and our outside counsel routinely execute those judgments by having bank levies served, and the forms that are served on the bank do not contain the debtor's SSN (although in most cases, we do know the debtor's SSN).

Writ of execution.

Notice of levy.

Memorandum of garnishee.

Even on the abstract of judgment form (used to create a judgment lien on real property), only the last four digits of the debtor's SSN are listed (if known).

Obviously, those forms are for only one state, but I know of no other state that requires an SSN for a bank levy.
 

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