Friday, May 23, 2008

Collections: Indiana Court of Appeals and Bank Garnishments

Time being short, I am relying on The Indiana Lawyer's Bank not required to restrict withdrawals for now:
"In JPMorgan Chase Bank, N.A. v. Laura and Dennis Brown, c/o Green, Richard & Trent and Rebecca Recht, , No. 02A03-0801-CV-2, the appellate court had to interpret I.C. Section 28-9-4-2 to determine whether a depository financial institution that has received notice of garnishment proceedings is required to restrict the withdrawal of money that is subsequently deposited into the account."
The case looks like one of those that turns on a very technical point but one that is of importance to many debtors and may affect how collections counsel approach garnishing bank accounts.

I promise a follow up over the weekend.

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