[Brenok]

This is a memorandum I found written by The Texas Legal Services Center regarding notifying your bank that your accounts are only funded by non-exempt funds such as social security, VA benefits, Civil Service Retirement, etc. It has a sample letter. Even though this is from Texas, I believe it can apply to most anyone who is going through this process. My suggestion is that you write your bank early on during the process of dealing with debt collectors so it is in your file. If there is a judgment, most courts allow you to file an official certificate of exemption also, but this is a start to put your bank on notice, and worth a try At least you will it have it documented in writing that you put your bank on notice.


© Copyright 2005, Texas Legal Services Center All rights reserved. Anti-Garnishment Letter
This memorandum concerns your bank account(s) It includes a form for writing a letter to your bank if you need to tell them that the money in your bank account(s) is exempt. This memorandum explains one method of protecting such exempt income in a bank account from being garnished, attached, or otherwise seized, by an ordinary creditor. You should tell your bank or other financial institution about this, so that the bank will not mistakenly honor a garnishment of your account(s), should the creditor attempt that. If your account(s) contain only exempt income, please feel free to use the enclosed form letter, to let your bank know that your account(s) contains only exempt income, and that garnishment, or attachment, or other attempts by an ordinary creditor to get the money from the account(s), are not to be honored. If you have bills that you cannot pay, and you have an account(s) into which exempt income goes, you should make sure that no other income (except for exempt income) goes into that account(s). This is to avoid what is called "co-mingling," or mixing, the money which can result in the exempt income not being separable from non-exempt income, with the result that the entire account(s) may become subject to garnishment, attachment, or other seizure steps. To use the enclosed letter, you will need to fill in the name and address of your bank, and your account(s) number. Please also be sure to date and sign the letter. The most secure way to send this letter to your bank would be to send it by certified mail, return receipt requested. Please be sure to keep a copy of the completed letter for your own records.


My name (printed):________________________________________ _____________________

My street address: __________________________________________________ ___________

City: _____________________________________, Texas Zip:_________________________


TO:

Bank Name: __________________________________________________ _________________

Street address of bank: __________________________________________________ _________

City: ______________________________________, Texas Zip: ________________________


Regarding: My account number(s):



Dear Sirs:

Because of activity by another entity toward me, I want to let you know this: The funds in the above account(s) are entirely protected by law from garnishment, attachment, or other seizure attempts by ordinary creditors. Creditors other than the federal government collecting taxes, or dependents collecting court-ordered support, are
Not entitled to any funds from the above account(s). Please mark your records accordingly, in case you should receive process or other papers demanding, in any way, any portion of the above account(s).

Thank you.

Very truly yours,



My signature:
Date signed: ______________________________________

[George_1950]

Many thanks for locating this form.