What legal options do I have as a creditor if a bank did not garnish my debtor’s account in a timely manse so as to give them 7 days to clean out their account?

The bank did not seize funds on the same day as receiving the court order; it only garnished the account a week later. Do I complain to the court, sue the bank or what?

Asked on July 8, 2014 under Bankruptcy Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the bank was, as it may well have been, based on what you write, negligent, or unreasonably careless, in not acting on the garnsihment in a timely fashion, they may be liable to you for the amount of money that you *could* have recovered but for their negligence, but did not. Of course, if they will not voluntarily compensate you, you would have to sue them for the money, which may or may not be economically worthwhile.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.