• Another Bank Scam to Watch Out For
  • February 1, 2010
  • Law Firm: Tischhauser Law Group - Tampa Office
  •     If you have been subjected to a garnishment Order in Florida you should be aware of a recent "scam" that has been brought to our attention. Typically, a garnishee (your bank) is entititled to make a claim for attorney's fees and costs related to addressing a "writ of garnishment" served on them to place a hold on your bank account. It appears, however, in cases in which the consumer (you) is exempt from garnishment, the banks remove their "fees" from the account when releasing the funds. In effect this causes the consumer to pay for the banks fees regardless of whether the garnishment hold was properly enforced.

        You should be aware of Fla. Stat. 77.28. This requires that the person seeking to enforce a judgment through garnishment post a $100.00 bond in the Court and that the bank (your bank) is to request transfer of THAT money for thier attorney's fees. If you succesfully defend such a garnishment, make sure the Trial Court judge is aware of this statute and specifically enters language in the order prohibiting the bank from taxing its costs to the consumer by deducting money from your account.