Sources checked October 13, 2026. Not reviewed by an attorney.

Identify the hold before choosing a response

Ask the bank for the reason funds are unavailable, the relevant notice or order, the issuing court or agency, and any case reference. Preserve communications and record when you received each notice. If the restriction is for fraud review rather than debt enforcement, the garnishment procedure may not be the right route.

For a creditor garnishment, the notice and state court instructions can identify how to claim exemptions or request a hearing. A conversation with the bank is not necessarily the required court filing. Seek help promptly rather than waiting for the account to resolve itself.

Sources: CFPB: Garnishment and claiming protected benefits (opens in a new tab)

Understand the automatic federal-benefit review

For covered garnishment orders, federal rules require a review of certain directly deposited benefits during a two-month lookback. Covered programs include Social Security, SSI, VA benefits, and specified Railroad Retirement Board and federal retirement benefits.

The automatic protected amount is generally the lesser of qualifying benefit deposits during that lookback or the balance when the review occurs. It is not a blanket exemption for all money in the account. Orders involving the United States, child-support enforcement, or IRS levies require separate analysis; benefit-specific protections can still matter.

Sources: U.S. Treasury: Federal-benefit garnishment FAQs (opens in a new tab)

Automatic protection and exemption claims are different

Other money may remain legally exempt even when it is outside the bank's automatic review. Benefits deposited by check, older benefit funds, and protections under state law can require records and a claim through the appropriate process. Do not assume a freeze means the creditor is entitled to every dollar.

Gather statements showing deposit dates, benefit notices, and the source of affected funds. Ask qualified counsel which exemptions, notices, and service steps apply. Read your state's bank-garnishment guidance rather than using an employer wage-garnishment form by mistake.

Sources: CFPB: Benefits received by check and additional exemptions (opens in a new tab)

A simple example, not an eligibility calculation

Suppose a covered review identifies $1,600 of qualifying benefit deposits during its lookback and the account balance is $900. The automatic protected amount is $900, not $1,600. If the balance were $2,100, the automatic amount would be $1,600, and the remaining $500 would need separate analysis.

That remaining money is not automatically collectible: another exemption might apply. The example does not decide whether the order is covered, how the lookback is measured, or whether funds qualify. Those facts must be checked in the actual case.

Sources: U.S. Treasury: How the protected amount is calculated (opens in a new tab)

Record-gathering checklist

An organizational checklist, not a court form or a legal filing. Keep it with your records or print this guide.

1. Obtain the hold reason, notice, court or agency, and case reference.
2. Record when notices arrived and locate the applicable exemption process.
3. Gather account statements and records of the source of funds.
4. Ask whether the required federal-benefit review was performed, if applicable.
5. Find legal help for any additional exemption claim or hearing.
6. Confirm required filing and service steps; keep copies and delivery records.

Questions to take to qualified help

• Which court or agency issued this order, and what deadline applies?
• Which deposits were included in the automatic protected amount?
• What other exemptions might apply, and what records are needed to claim them?

Find your state's courts, legal aid, and complaint resources →

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