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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33935
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I received a writ of garnishment & summons (nonearnings)

Customer Question

I received a writ of garnishment & summons (nonearnings) from my bank today. I did not receive a copy of the judgement from the creditor. Can the bank (AZ) freeze all my funds?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Yes, the bank can "freeze" all of your funds if that is what the court order of garnishment calls for or even if it can arguably call for that. Banks are normally protected from any ill effects of freezing funds so long as they are operating under a court order. The only exceptions are if they do not have a good faith belief they are acting within the limits of the court order, if there are any.

Expert:  Dwayne B. replied 2 years ago.

Many garnishments use language like "the principal sum of $2712 plus attorneys fees and interest" and if there is no amount specifically designated for attorneys fees and interest then the bank can freeze everything.