By Jacob Dixon

Creditor Garnishment; Bank Place-From Stimuli Money

Creditor Garnishment; Bank Place-From Stimuli Money

On , President Biden signed into law the American Cut Plan Operate (ARPA). This legislation has a number of provisions of importance to consumers and consumer attorneys. This article focuses on the Act’s implications for the practice of consumer law.

In lieu of the $600 payments provided by the new stimuli rules, there is no shelter during the ARPA, in which a bank account consists of ARPA stimuli repayments, facing wisdom creditors garnishing the bank membership otherwise banking companies lighting numbers in the bank account to cover pre-present expense to your financial

The American Rescue Plan Act (ARPA) provides for $1400 per individual in stimulus payments for the majority of Americans. Find ARPA § 9601.

The December 27 legislation provided that stimulus payments (typically $600 per individual) under that legislation would not be reduced to offset federal debts or to pay state child support enforcement orders and cannot be garnished by judgment creditors. The December 27 payments were coded in a way that banks can recognize them and automatically protect them if they receive a bank account garnishment order. See Personal Legislation No. 116-260, Consolidated Appropriations Act of 2021, div. N § 272.

Because ARPA was passed through budget reconciliation, ARPA does not contain these protections (other than protection against offset for child support), so that ARPA stimulus payments are vulnerable to garnishment in a way quite similar to the vulnerability of the typically $1200 stimulus payments pursuant to the , CARES Act. As such, reference should be made to an earlier post getting suggestions on preventing garnishment and set off of CARES Act payments. Nevertheless, many of the emergency state protections listed in that article have now expired. Read more “Creditor Garnishment; Bank Place-From Stimuli Money”