In my own personal account that is in my name only? If they do, how would I recover the payment amount?
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In my own personal account that is in my name only? If they do, how would I recover the payment amount?
If those funds were comingled... yes they can. Its not a garnishment...
Once funds are deposited in an account they are commingled. They lose any protection as exempt sources.
That and the fact this is money owed for overdraft protection... basically what would have been bounced check fees on that account to that bank.. are not exempted under any law or regulation no matter what the source. Its not a judgement and its not a garnishment.
Incidentally... I know this for a fact... my wife has worked in banking for 17 years so far. If you owe the bank for any fees related to that account... they can, do, and will simply take them as soon as any deposit posts. Ahead of any and all checks written against the account.
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