Can My Bank Account Be Garnished Without Notice?

Having your wages or bank account garnished can be scary and make getting out of debt much more challenging, but it usually doesn’t happen out of the blue. In general, bank accounts aren’t garnished without notice.

Bank account garnishment occurs when a creditor receives legal approval to take funds from your account to fulfill an outstanding debt. While many steps lead to bank account garnishment, it is possible to miss important information and not realize that creditors are taking money from you.

But can your bank account be garnished without notice? The answer isn’t a simple “yes” or “no” and can depend on various laws and bank policies. Keep reading to learn more about how the process works and what you can do to protect yourself.

Key takeaways

• Bank account garnishment generally happens after a creditor wins a court order to receive funds directly from your bank account until you pay off the debt.
• Garnishments can involve a person’s bank account, wages, or other assets.
• In some cases, state and federal laws protect when and how much a creditor can garnish your bank account.
• The government can generally garnish your account without a court order.
• Don’t ignore important notices or legal documents. If you don’t respond or attend court hearings, a judgment may be entered against you.

What is bank account garnishment?

A bank account garnishment is a process that allows creditors to legally remove funds from your bank account to pay off outstanding debt. If you owe a creditor or the government money and do not pay it, that party can go to court and request automatic withdrawals from your bank account until they get what you owe.

In many cases, this happens when a creditor sues to collect the consumer debt you owe – such as missed credit card payments – and wins a judgment against you in court. In other cases, the government can garnish your bank account but may not need a court order.

For example, the Internal Revenue Service (IRS) can issue a levy, which means legally seizing your property, including money in your bank account, to pay your tax debt. State governments can also generally garnish your bank account to pay owed child support.

Callout: While there’s a temporary stop on garnishments through September 2024, the federal government can usually take money from your bank account for defaulted student loans.

Both state and federal laws limit the types and amounts of funds a creditor can take from your account to ensure you’ll have something left to live on. There are also various state laws to protect some wages or property from garnishment.

In addition to bank account garnishment, you can also have your wages garnished. Instead of having your bank seize funds from your account and give them to your creditor, a wage garnishment allows your creditor to receive a portion of your income directly from your employer.

Having your bank account garnished can significantly strain your financial life. Not only do you lose your money, but the garnishment also implies you likely have multiple late payments on your credit report. This can severely impact your credit score, prevent you from opening new lines of credit, and result in higher interest rates, making it hard to get out of the cycle of debt.

How the bank account garnishment process works

Bank account garnishment is the final step in a creditor's process of seeking payment.

Because going to court can be expensive and time-consuming, the creditor typically tries other methods to collect the debt before resorting to the legal system. However, the creditor may decide to go through the legal process if collections don’t work and your debt remains outstanding.

In that case, you’ll receive notification of legal proceedings for outstanding debts. If you do, you must respond by the date specified in the court papers to preserve your rights. You can either respond directly or use an attorney.

Callout: Even if you disagree or don’t think you owe the debt, don’t ignore the lawsuit. Not responding can lead to the court issuing a default judgment against you for the amount the creditor claims you owe, plus any applicable fees or interest.

If the court decides in favor of the creditor, it will issue a court order called a garnishment summons, and the creditor will send it to your bank. When your bank receives the court order, it will immediately freeze some or all of the money in your account, based on state law. The bank holds the money for a set time outlined in the court documents before releasing it to the creditor.

You can object to the garnishment within a specific time frame (usually 14 days) after the court issues its order, but your money may stay frozen during the process. If you don’t file an objection or the court rejects it, the amount listed in the court documents will go to the creditor in a lump sum – or over time if there isn’t enough money in the account. The garnishment will end after the creditor receives the full amount.

So, can my bank account be garnished without notice?

If a court issues a garnishment order for your bank account, your bank may not have to tell you unless you meet the following two conditions.

• Within the last two months, you received federal benefit payments that may qualify as automatically protected from garnishment in some cases (such as Social Security).
• Your account has additional funds that don’t qualify for any automatic protections.

Your state’s laws may require your bank to provide you with a garnishment notice, and many banks might do so as a general business practice.

However, since you’ll likely receive the notice after your bank account is frozen, you may not know about the freeze immediately. Your first indication of a problem may be experiencing checks bouncing and having your debit card declined. If that happens, you’ll likely incur overdraft charges or other fees in addition to the unpaid amounts.

Are there exemptions that protect funds?

State and federal laws protect some of the funds in your bank account from garnishment through exemptions.

Some federal benefits are exempt from garnishment as long as you receive them as direct deposits into your bank account or via a prepaid card. When your bank receives a writ of garnishment, it must review your account history to see if you received federal benefits within the last two months.

According to the Consumer Financial Protection Bureau, those benefits include:

• Social Security and Supplemental Security Income (SSI) benefits
• Federal student aid
• Veteran and service member benefits
• Military annuities and survivor benefits
• Civil service and federal retirement and disability benefits
• Railroad retirement payments
• Federal Emergency Management Agency (FEMA) assistance

Two months' worth of federal benefits generally qualify for protection and remain in your account to help ensure you have enough money to live on. Anything over that amount is subject to garnishment by the court order.

In some cases, money received from federal benefits may not qualify for exemption if you owe back taxes, federal student loans, child support, or spousal support. For example, up to 15% of your Social Security retirement or disability payments could go to the IRS or Department of Education to pay back taxes or student loan debt.

States may also offer garnishment exemptions, but the types of exemptions and the amount protected will vary.

Each garnishment is different, and exemptions can get complicated. Consider speaking with an attorney who is familiar with debt collection since they can help you understand your legal rights and guide you through the garnishment process.

What you can do if your bank account is garnished

If a creditor garnishes your account, your options include asking for an exemption, objecting to the garnishment, or trying to settle. You might also want to contact your local legal aid office to seek legal representation and ensure your rights are protected during the garnishment process.

Request an exemption

Along with the garnishment notice, you’ll likely receive forms from the court or your bank to list any exemptions that apply to your situation. Depending on your state’s laws, you must submit the exemption forms to the creditor’s attorney, the court, or both within the time allotted (usually within 14 days). You’ll also likely need copies of bank statements, benefit letters, or other documentation to help you prove that the funds are exempt.

Object to the garnishment

In some cases, you can file a formal objection with the court within 14 days of the judgment if you believe there is a problem. However, you can’t object just because you disagree with the ruling.

Here are some appropriate reasons for objecting to a garnishment.

• The writ contains a mistake, such as an incorrect judgment amount, incorrect interest or costs, or misapplied payments or credits.
• The money in your account qualifies as exempt.
• You have a court-ordered payment plan and remain current on your payments.
• You’ve already paid the debt in full, including interest and fees.
• You’ve declared bankruptcy.

Settle the debt

You can try to settle the debt with the creditor by either paying the amount in full or by working out a payment plan directly. In some cases, you may also request an installment payment plan from the court and pay the judgment amount over an agreed time.

As a last resort, you can declare Chapter 7 or 13 bankruptcy, which may stop the garnishment process. However, this involved option can severely hurt your credit, potentially lead to lost assets, and cause other financial strains.

How to avoid bank account garnishment

If you’re in debt and can’t break the cycle, you might feel like bank account garnishment is inevitable. But there are some things you can do to avoid getting to that point.

Carefully manage debt payments

Debt can be highly stressful and hard to manage. However, you should do everything possible to continue paying at least the monthly minimum on your debts. Look for ways to reduce your expenses and consider taking on a side hustle or second job to help you put more money towards reducing your debt balance. You could also work with a credit counseling agency that can help you with budgeting and advise on handling debt.

Communicate with creditors

Communicating with your creditors early could help prevent a lawsuit and garnishment judgment. Rather than going through the hassles of costly and extensive court proceedings, your creditor may offer you a reduced payment amount, payment plan, or possible deferment.

Consider settlement or bankruptcy options

To avoid going to court, some creditors may agree to a settlement that reduces the total owed in exchange for a single lump sum paid immediately. However, you might owe income taxes on the amount of debt forgiven.

If you can’t continue making payments, you might declare bankruptcy, though this last-resort option will significantly hurt your financial life. Before proceeding with a bankruptcy filing, ensure you’ve consulted financial professionals and understand all the implications.

FAQ

Bottom line

Having your bank account garnished can be scary. Before it gets to that point, do your best to stay current on your debt payments and talk with your creditors to develop a plan if you’re struggling to pay the minimum amount. You might also consider speaking with a credit counselor to get your finances back on track.

If you do receive a notice of a pending lawsuit or intent to garnish, don’t ignore it. Instead, look for low-cost legal assistance in your area to help you navigate the situation and protect your rights.