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Last Reviewed: June, 2017
The following information is taken from the US Treasury Guidelines for Garnishment of Federal Benefit Payments.
Notice to Account Holder
A credit union shall issue a notice to the account holder according to the following requirements:
- Notice requirement: The credit union shall send the notice in cases where:
- A benefit agency deposited a benefit payment into an account during the lookback period; and
- The balance in the account on the date of the account review was above zero dollars and the credit union established a protected amount.
- Notice content: The credit union shall notify the account holder named in the garnishment order of the following:
- Notice that a garnishment order has been received;
- The date it was received;
- A succinct explanation;
- The credit union’s requirements to ensure that account balances up to the protected amount are protected and made available to the account holder if a benefit agency deposited a benefit payment into the account in the last two months;
- The account subject to the order and the protected amount established by the credit union;
- The credit union’s requirement pursuant to State law to freeze other funds in the account to satisfy the order;
- The amount of any garnishment fee charged to the account;
- A list of the applicable Federal benefit payments;
- The account holder’s right to assert against the creditor that initiated the order a further exemption for amounts above the protected amount, by completing exemption claims forms, contacting the court of jurisdiction, or contacting the creditor;
- The account holder’s right to consult an attorney or legal aid service to assert a garnishment exemption for amounts above the protected amount; and
- Contact information for the judgment creditor if included in the order.
- Optional notice content: The credit union may, but is not required to, provide the account holder with the following:
- Contact information for a local free attorney or legal aid service; and
- Contact information for the credit union .
- Amending notice content: The credit union may amend the notice to integrate information about a State’s garnishment rules and protections, to avoid potential confusion or harmonizing with State requirements, or providing more complete information about an account.
- Notice delivery: The credit union shall issue the notice directly to the account holder, or to a fiduciary who administers the account and receives communications on behalf of the account holder. Only information and documents pertaining to the garnishment order, including notices or forms required under State or local government law, may be included in the communication.
- Notice timing: The credit union shall send the notice to the account holder within three business days from the date of the account review.
- Not legal advice: By issuing a notice, a credit union creates no obligation to provide, and is not offering, legal advice.
- One notice for multiple accounts: The credit union may issue one notice with information related to multiple accounts of an account holder.
- Model notice: A credit union is not required to use the model notice; however, a credit union that uses the model notice will be deemed to be in compliance with the notice content requirements of the rule.
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