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Q.) As we await the CARES Stimulus transactions for our account holders, we are wondering if these funds are subject to garnishment and if we can use the funds to offset obligations they have to our financial institution. Is there anything we should do to prepare for this?
A.) Yes. The stimulus transactions are subject to garnishment by any and all debtors. However, we are hearing that the Federal government is limiting their garnishment to child support payments only. Some account holders may not receive their stimulus funds or they may be quickly garnished. Your financial institution may also choose to collect outstanding obligations (i.e. past due loans, NSF fees) from these funds, but it is considered a business decision. We recommend that you meet now with the right people internally to decide the position you want to take. Should you decide to allow the stimulus dollars to go untouched by your FI, you’ll need to review procedures to ensure this occurs. Start planning now as payments distributed via direct deposit are expected to post soon.
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