Who issues a notice of right to garnish federally protected deposits/

I need to know who issues a federal notice of right to garnish federally protected deposits like social security and VA benefits to determine whether my bank has acted improperly under Title 31, Part 212, CFR by freezing my account, charging me for freezing it, charging me for handling a legal claim, and not notifying me before the action was taken when the only deposits to my account are clearly marked social security and VA benefits?

Asked on May 29, 2012 under General Practice, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under many circumstances a levy order (or garnishment as you state) is issued to a judgment creditor with respect to a judgment by the clerk of the court where the judgment arises. However, in other circumstances some governmental entities are entitled under the law to issue on their own a levy for moneys owes. Such governmental entities could be the Internal Revenue Service or your state's franchise tax board seeking to obtain monies that come from VA benefits or social security.

 


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