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

Answers:

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.


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