§ 571.911 — Exemption Notice; Duty of Financial Institution
Plain-Language Summary
Requires creditors to include an exemption notice and two copies of the exemption form when garnishing a bank account. If the creditor fails to include the exemption notice, the garnishment is void and the bank must take no action. The bank must hold funds up to 110% of the creditor's claim.
571.911 EXEMPTION NOTICE; DUTY OF FINANCIAL INSTITUTION.
If the garnishment summons is used to garnish funds of a debtor who is a natural person and if the funds to be garnished are held on deposit at a financial institution, the creditor shall serve with the garnishee summons a notice, instructions, and two copies of an exemption notice. The notice, instructions, and exemption notices must be substantially in the forms set forth in section 571.912. Failure of the creditor to send the exemption notice renders the garnishment void, and the financial institution shall take no action. Upon receipt of the garnishment summons and exemption notices, the financial institution shall retain as much of the amount under section 571.73 as the financial institution has on deposit owing to the debtor, but not more than 110 percent of the creditor’s claim.
History:
1990 c 606 art 3 s 23; 2009 c 31 s 7
History: History: 1990 c 606 art 3 s 23; 2009 c 31 s 7