Compliance Question of the Week

The new garnishment rules apply only to garnishment orders, which are defined as a writ, order, notice, summons, judgment or similar written instruction issued by a court or a State child support enforcement agency. 

Does this mean that a garnishment order written by an attorney is not covered under these rules?

No.

Although the rules regarding garnishments of Federal Benefits Payments apply only to orders or other written instruction issued by the court or a State child support enforcement agency, the attorney in this case is acting for the court.

Attorneys are granted authority to act as agents of the court, and therefore orders written by an attorney should be treated as court orders.  They are subject to the new garnishment rules requiring credit unions to look for Federal Benefit Payments and exempt those funds from garnishment.

Related Links
Garnishment rules: 31 CFR 212

 

Questions? Contact the Compliance Hotline: 1.800.546.4465, or email us at compliance@nwcua.org.

Posted in Compliance, Federal.