Skip to content

Identifying "protected funds" under Treasury's garnishement regulations

Answered by: 

Question: 
Two of our depositors receive direct deposits of both VA and Social Security benefit payments to their joint checking account. We received a garnishment order naming one of them as judgment debtor. When we looked back over the past two months’ account activity, we found two direct deposits for Social Security benefits and two for VA benefits. These customers routinely move their SSA and VA deposits into their savings account soon after they are received, and appear to meet their monthly bills using monthly IRA disbursements. Can we treat the SSA and VA funds in the savings account as “protected funds”?
Answer: 

Not under the Treasury Department’s regulation on Garnishment of Accounts Containing Federal Benefit Payments. If the depositor moves funds out of the account into which the benefit payments are direct deposited, the funds are no longer considered protected funds under the regulation. While they may be protected under various federal and state statutes, the financial institution cannot protect those funds under the Treasury’s regulation. If state law requires that you protect some or all of those funds, follow the state rules for proceeding with your handling of the garnishment order.

First published on 07/28/2024

Filed under: 
Filed under operations as: 

Search Topics