Garnishment of bank account

[wrencon]

Appreciate. If a garnishment writ is issued to a bank X to garnish my salary and if someone who has nothing to do with lawsuit and has an account in that bank X, wrote me a cheque, and I go to that bank X and present that cheque to withdraw cash, i.e., currency, (without depositing that cheque in my account in bank X) , will that cheque be also garnished due to that garnishment writ?

By the way, if there is no garnishment writ is issued to bank X then is there any difference ( in terms of proving that someone has wrote me that cheque and I cashed it) if I present that cheque and get immediate cash from the bank X vs. depositing that cheque in my account in bank X then wait for a day or so to complete the transaction then withdraw cash?

 

[quincy]

Appreciate. If a garnishment writ is issued to a bank X to garnish my salary and if someone who has nothing to do with lawsuit and has an account in that bank X, wrote me a cheque, and I go to that bank X and present that cheque to withdraw cash, i.e., currency, (without depositing that cheque in my account in bank X) , will that cheque be also garnished due to that garnishment writ?

By the way, if there is no garnishment writ is issued to bank X then is there any difference ( in terms of proving that someone has wrote me that cheque and I cashed it) if I present that cheque and get immediate cash from the bank X vs. depositing that cheque in my account in bank X then wait for a day or so to complete the transaction then withdraw cash?

If the bank has frozen your account, you will not be able to withdraw funds.

 

[Zigner]

Appreciate. If a garnishment writ is issued to a bank X to garnish my salary and if someone who has nothing to do with lawsuit and has an account in that bank X, wrote me a cheque, and I go to that bank X and present that cheque to withdraw cash, i.e., currency, (without depositing that cheque in my account in bank X) , will that cheque be also garnished due to that garnishment writ?

By the way, if there is no garnishment writ is issued to bank X then is there any difference ( in terms of proving that someone has wrote me that cheque and I cashed it) if I present that cheque and get immediate cash from the bank X vs. depositing that cheque in my account in bank X then wait for a day or so to complete the transaction then withdraw cash?

Are you REALLY in Florida?

 

[quincy]

Are you REALLY in Florida?

The spelling of “check” is interesting.

 

[wrencon]

Appreciate. I am not in Florida now. English is not my 1st language, sorry for any mistakes.
"If the bank has frozen your account, you will not be able to withdraw funds." so, if I do not deposit that cheque (issued by someone else having an account in that bank x) in bank x but I present it the teller to get cash, still will I not be able to get cash from that cheque.?

 

[quincy]

Appreciate. I am not in Florida now. English is not my 1st language, sorry for any mistakes.
"If the bank has frozen your account, you will not be able to withdraw funds." so, if I do not deposit that cheque (issued by someone else having an account in that bank x) in bank x but I present it the teller to get cash, still will I not be able to get cash from that cheque.?

Your account is frozen to all withdrawals until after the hearing.

If you receive a check issued to you by someone else and want to cash it, you probably will need to go to the issuer’s bank to cash it or find another check-cashing place.

 

[Zigner]

Where are you and where is the bank?
EDIT: And, where was the judgement rendered?

 

[quincy]

What has been said to you here applies to bank garnishments in Florida/the U.S.

You will need to seek information elsewhere if you are posting about garnishments in another country.

 

[zddoodah]

If a garnishment writ is issued to a bank X to garnish my salary and if someone who has nothing to do with lawsuit and has an account in that bank X, wrote me a cheque, and I go to that bank X and present that cheque to withdraw cash, i.e., currency, (without depositing that cheque in my account in bank X) , will that cheque be also garnished due to that garnishment writ?

I cannot speak to the specifics of Florida judgment enforcement procedure. However, unless you work for a bank, serving a levy/garnishment on a bank in order to garnish your salary would be awfully foolish. Do you work for a bank?

Beyond that, I think what you're asking is, if a creditor has served a garnishment on Bank X, and you receive a check from a person with an account at Bank X and try to cash that check at Bank X, would the bank retain the check and turn over the money to the creditor. I doubt very much that that could happen.

By the way, if there is no garnishment writ is issued to bank X then is there any difference ( in terms of proving that someone has wrote me that cheque and I cashed it) if I present that cheque and get immediate cash from the bank X vs. depositing that cheque in my account in bank X then wait for a day or so to complete the transaction then withdraw cash?

Huh? It sounds like you're asking whether, in a situation in which no garnishment/levy is involved, there's a difference between cashing a check and depositing a check. The answer to that is, of course, yes.

 

[Taxing Matters]

Your account is frozen to all withdrawals until after the hearing.

That may not be the case. The usual rules for bank garnishments is that the garnishment only applies to those funds that were in the account on the day the garnishment was received. The bank freezes the account for that balance. If additional funds are deposited, those funds should be available to withdraw as they are not affected by the garnishment. Whether a particular bank's processes are set up to effectively deal with that distinction is another matter. Some banks have trouble with it once the computer has a freeze on the account. So it's probably safer to use another institution to cash checks until the garnishment at the bank is resolved to avoid the hassle of dealing with the bank over it, but if a check is deposited into that attached account after the garnishment the account holder should be able to get the bank to release it manually after pointing out the law if the automated systems won't do it.

 

[quincy]

Florida writs of garnishment can be used for bank accounts, wages, etc.

Here is a link to the law:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0077/0077ContentsIndex.html

 

[wrencon]

Appreciate.

sorry for the confusion.

I work company in Florida. My salary from that company is directly deposited into my bank account at bank X. Now bank X has received order to hold/freeze (or whatever you call) my account and my account is frozen.

Some person (not my employer) who has bank account in the same bank, bank X, wrote me a cheque from his cheque issued by bank X.

my questions are

(i). if I go to bank X and present that and ask for cash then will I get the cash, or that cheque will also be put on hold?

(ii). if I go to a different bank Y where I have 2nd account (and the hold/freeze from creditor/court was not issued to that bank Y) and deposit that cheque in my account in bank Y then will that cheque be credited to my account in bank Y?

if the answer to both the above questions is yes, then I will ask that someone to give me a cheque which is not from his account in bank X.

Presently I am in Georgia/Tennessee due to carona threat but the banks and my employer I am talking are in Florida. The judgment was also rendered in Florida.

 

[quincy]

You can cash or deposit the check at any bank where you have an account if that account is not frozen. I would not cash or deposit it at the bank that was served with the writ. The writ covers any funds under control of the bank at time of service or funds deposited before the bank answers the writ.

You can also cash it at any check-cashing place (but often there is a fee charged).

Is the judgment-creditor aware you have another bank account?

 

[Zigner]

The check should be cashed at your bank without a hold being placed.
If you go to a different bank, then the check will be credited there.

 

[wrencon]

Appreciate. I will go to a different bank that was not served with writ. the creditor is not aware that I have another bank account.

Hypothetically, if I open another account (2nd account) at the bank (bank X) that was already served with writ, and deposit the cheque in that 2nd account, can I use the money in that 2nd account freely until another writ was served to that bank X?

If may salary is not garnished at my employer (due to head of household exception or whatever reason may be), is it a safe idea for me to collect my salary cheque physically and get it cashed at check-cashing place (after paying the fee charged)? In general, if I ask my employer to give the physical cheque each month (or biweekly, as per employer's payment schedule) then the employer is obligated to honor that request it (or the employer has the right to say that they will do direct deposit only)?


If I receive a cheque from 'someone' (who is not my employer) then whether either of the following choices will prove that 'someone' has given me the cheque:
(i). I deposit that cheque in my bank account and I use the funds in that account later on
(ii). I go to the bank from where that cheque was issued (i.e., the bank where 'someone' has account), then present the cheque (and show my ID) and get immediate cash