How to Garnish a Bank Account
Collecting a debt directly from someone's bank account is similar to garnishing his wages, but different in a few key respects. Wage garnishment is designed to gradually collect over time and is limited as to how much can be taken. Attachment of a bank account is called a levy. A bank levy can drain up to the full amount of the debt all at once, even if it empties out the account. Before you can levy a bank account, however, you must have a court judgment authorizing you to do so.
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Instructions
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Obtain a judgment. Bank levies are instituted only to collect legally recognized debts. Therefore, the first step in getting a levy is obtaining a judgment against the debtor. This can be done in small claims courts for minor claims, or through a normal civil action for larger claims.
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Request a levy. Once you've obtained a judgment from the court saying you're entitled to collect, you have to get specific permission from the court to institute a levy. In most states, the court issues an order form that directs the local sheriff to carry out the levy.
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Provide the sheriff with the levy order; if a judge issues an order allowing you to levy a debtor's bank account, you usually have to provide the order to the sheriff yourself and pay a fee for his services. Only the sheriff or a similarly empowered agency can effectuate a bank levy.
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Tips & Warnings
Once the sheriff receives the order authorizing the bank levy, it will be served upon the debtor's bank account. Depending on the state, the process can take several days or weeks. The account is frozen and money in the account up to the full amount of the debt or the full amount in the account (whichever is less) is transferred to the sheriff. The sheriff will then transfer the money to you.
