Can all assets in a bank account be legally garnished?
On behalf of The Rollins Law Firm posted in Debt Relief on Wednesday, October 22, 2014.
An interrupted asset flow is undoubtedly a scary proposition for many Mississippi residents and other persons across the country. Most people focus conscientiously on their jobs and securing the income required to pay back responsibly on their personal debt obligations, and a sudden inability to do so can virtually turn their lives upside down.
Garnishment can especially do that, since it can blindside a consumer by making an unexpected and nasty arrival. That money sent out to cover a rent or mortgage payment is not timely arriving in the creditor’s account, because it has been frozen pursuant to a court order. The same result can attach to a credit card payment, student-loan outlay and a host of other money sought to be applied toward debt repayments.
With garnishment, an immediately relevant – and urgent – question naturally begs to be asked, namely this: Is all money frozen in an account permanently stuck in that status? Can a court order to a bank simply demand that all assets be frozen and out of reach to an account holder?
The answer to that query is two-fold, as follows: Although an order certainly can – and often does – put a freeze on all account assets, it can ultimately turn out to be the case that certain assets are exempt from garnishment.
That obviously merits checking out. In fact, an account holder being garnished might want to timely consider enlisting the help of an experienced debt relief to sort through all extant accounts and to intercede with court and bank officials as necessary.
As noted in an online consumer tract written by a federal government agency, the potential sources of funds exempt from garnishment are lengthy and can be multiple in a given case. Many federal and state benefits are beyond the reach of garnishment, including Social Security benefits and retirement and disability benefits associated with a number of programs.
Indeed, garnishment and the resulting account freeze it can bring is obviously serious business. In select instances, though, the consequences can be somewhat tempered by identification of benefits that are legally exempt from the process.