Does Pennsylvania Allow Checking Account Garnishment?

Failing to make a debt payment will typically trigger your creditor to attempt collection. In the early stages of debt delinquency, a creditor's options are usually limited to sending you letters, calling you or hiring a collection agency to perform these functions. However, if you continue to allow your debt account to remain delinquent, the creditor may resort to more drastic action. In Pennsylvania, this may include checking account garnishment.

Garnishment Authorization

A creditor cannot automatically garnish your checking account in Pennsylvania. The creditor must first obtain a civil judgment against you by filing and winning a lawsuit, typically through a civil court in the Pennsylvania county where you live. Judgments can include directives to freeze your checking account and sending all nonexempt funds to the court for payment against your judgment debt.

Wages

Although Pennsylvania does not permit wage garnishment in most cases, a creditor may work around this limitation through checking account garnishment. While your employer cannot withhold your earnings to satisfy a judgment, the creditor can access and take these funds once you deposit your paycheck into your checking account.

Garnishable Funds

In addition to paycheck deposits, a creditor in Pennsylvania may garnish most other types of deposits. Unlike other states, such as Ohio, Pennsylvania does not provide a monetary exemption for funds contained in your checking account. This means that a garnishment can bring your bank account balance to zero. However, Pennsylvania does not permit garnishment of deposits derived from Social Security income or other federally protected sources, including unemployment or disability benefits.

Considerations

If you are subject to a Pennsylvania judgment for debt, you may wonder whether you can cancel the direct deposit of your earnings and cash your paychecks at a local supermarket to avoid having your earnings taken through bank garnishment. However, Pennsylvania allows creditors to take certain assets, including cash, to pay against your judgment. Also, if you take steps to avoid paying a judgment for alimony or child support, you may be subject to imprisonment under Pennsylvania law.