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Is my bank allowed to charge me a fee when it receives a garnishment order against me?

It depends. The bank is permitted to charge a garnishment fee applied against funds that are not automatically protected from garnishment, consistent with the terms of your account agreement.

In many cases, up to two months of federal benefits, such as Social Security benefits, that are electronically deposited into your account are automatically protected from garnishment and garnishment fees. When the bank reviews your account for automatically protected funds, it may charge a garnishment fee against any funds in excess of the automatically protected amount, including any deposits you make up to five days after the bank’s review.

Review your account agreement for policies specific to your bank and your account.

Last Reviewed: October 2020

Please note: The terms "bank" and "banks" used in these answers generally refer to national banks, federal savings associations, and federal branches or agencies of foreign banking organizations that are regulated by the Office of the Comptroller of the Currency (OCC). Find out if the OCC regulates your bank. Information provided on HelpWithMyBank.gov should not be construed as legal advice or a legal opinion of the OCC.

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