Q: Garnishment when all defendants aren't listed in the body of the garnishment. See more information for details.
The bank received a garnishment by which a corporation name, along with individual names, are listed at the top of the garnishment as defendants but the corporation's name isn’t listed in the body of the garnishment. Only the individual names are listed in the body. If we have accounts for the individuals and the corporation, do we include all (including the corporation) even though the corporation is not listed in the body of the garnishment, but listed at the top as a defendant?
I also have another question. I understand we have 2 days to perform the lookback but 10 days to respond to the garnishment. If we do the lookback on 9/17/24 and the balance of the account is $10,000 (all unprotected funds) but don’t complete the garnishment until 9/19/24 (withing 10 days) and the balance in the account is $5,000 on that day, are we liable for the $5,000 that left the account between the lookback and when we completed garnishment?
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A:
Regarding your first question, since the corporation is listed as a defendant at the top of the garnishment, you should include its accounts in the process. Even though the corporation's name isn't mentioned in the body, its designation as a defendant means its accounts are subject to the garnishment. Make sure to account for both the corporation and the individual accounts to ensure compliance.
For your second question, the lookback period determines the account balance as of the specific date you performed it, which was 9/17/24 in your case. If you complete the garnishment on 9/19/24 and the balance has decreased to $5,000, you are generally not liable for the funds that were withdrawn after the lookback date. The liability typically only covers the balance as it existed on the lookback date, assuming all procedures were followed correctly within the required time frames.
Always ensure you follow the specific laws and regulations in your jurisdiction, as procedures and liabilities can vary. If you're uncertain, consulting with a legal professional can provide additional guidance tailored to your situation.
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