Who Can Garnish a Checking Account?

Garnishment is a form of debt collection in which a creditor receives an order from a judge that allows him to seize money that would normally be paid to the debtor. For example, a creditor may attain a garnishment order that allows him to take money from the bi-weekly paycheck that the debtor receives from his work. However, a creditor cannot garnish a checking account, only put a freeze on it and siphon money from it, much in the same way they would garnish wages.

Checking Accounts

Checking accounts are bank accounts into which an individual can deposit and withdraw money. These accounts are generally maintained by banks. A person may deposit money using a check, cash or electronic transfer. Because the checking account is not a source of income -- it is a place where income is kept -- it cannot be subject to garnishment, only to freezing and seizure.

Debts

When a person incurs a debt to a creditor, the creditor may seek to have this debt recognized in court. This is because, once a debt has been recognized, the creditor will have a number of options for collecting the money that were not previously available to him. He will be allowed to use these options to collect the damages awarded by a civil judge in the case he brings against the debtor.

Garnishment

One of the main ways that a creditor can collect money from a debtor is through garnishment. In a few states, a creditor cannot garnish a debtor's wages for private debts. However, in other states he can, so long as the debtor is not too poor or he does not receive his only income from protected sources, such as in the form of federal benefits.

Bank Account Seizure

A checking account cannot be garnished, but the funds regularly deposited into it can be intercepted and garnished. However, a checking account can sometimes be seized. A creditor can seize a bank account in much the same way that he garnishes wages. He must win a lawsuit against the debtor and the motion the judge to allow him to seize a debtor's bank account if the debtor won't pay up.