Bank Account Garnishments

This book contains information for helping clients who are facing a bank account garnishment, including the new federal and state rules.

Collected research

I get to give all sorts of advice out here in Frederick, and usually have to do a bit of research to confirm what I think I remember about some of the issues presented. Here's some research on some of these topics, just so we all don't have to reinvent the wheel.

Minors and contracts:
We were horrified, in our office, by the result in Schmidt v. Prince George's Hospital, 366 Md. 535, 784 A.2d 1112 (2001). The holding in that case was that minors can be held liable for "necessaries" contracted for on their behalf.

Lopez v. Washington Mutual Bank

FYI.  New 9th Circuit Case holding bank is prohibited under 42 U.S.C. ยง 407(a) from taking directly deposited Social Security and SSI benefits to cover overdrafts and overdraft fees.  Broad language used in opinion - concludes that consent necessary to redirect funds must be "knowing, affirmative and unequivocal."   I wonder if this reasoning could also be used to argue banks can't let other creditors attach the accounts without affirmative consent??..... The case is Lopez v. Washington Mutual Bank, No.

Syndicate content


We welcome your comments and suggestions