ILNews

COA: Bank not required to restrict withdrawals

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals today reversed a small claims court ruling that held a bank in contempt for failing to restrict the withdrawal of funds from a garnishee's account, noting the bank followed procedure according to Indiana Code.

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 Court of Appeals concluded that JPMorgan was only required to restrict the withdrawal of funds in an amount equal to the balance of Rebecca Recht's account at the time the bank received the notice. The court made the decision after examining I.C. 28-9-4-2 before and after a 1998 amendment that deleted the words "or subsequently deposited into" from the statutory language.

When JPMorgan received notice of verified motion on behalf of the Browns for proceedings supplemental against Recht, she only had $20.61 in her account at the time, so the bank immediately restricted withdrawal of those funds. After receiving notice, four deposits totaling more than $1,000 dollars were deposited into the account, and the bank didn't restrict their withdrawal. The Browns filed a motion to hold JPMorgan in contempt for failing to honor the orders of the court for noncompliance of proceedings supplemental and/or the garnishment order.

"The legislature's decision to omit the words 'or subsequently deposited into' from Indiana Code section 28-9-4-2 is irrefutable and, as required by the rules of statutory construction, we will not reinsert the omitted language into the statute when construing the statute," wrote Chief Judge John Baker.
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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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