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On a writ of garnishment how much can be removed from my bank account?

Molalla, OR |

I own a LLC business and have recieved a personal writ of garnishment, can my business account be garnished? if so is there a monthly limit?

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Attorney answers 2


Everything can be taken except for funds which are specifically exempt. These funds include money from certain retirement accounts, and wages of up to $936 a month for full-time work. The money is exempt only if it is specifically identifiable as coming from an exempt source. See ORS 18.348.

The practical fact is that it is very hard to demonstrate that particular funds are exempt, and debtors will often be put in the position of having to try to prove that funds were exempt after they're already seized. If you're being garnished, you should consult with an attorney who practices debtor/creditor and bankruptcy law to determine what remedies you may have.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: | Online:


In California, at least, they should not be able to reach the LLC funds and you may want to double check to be sure the bank clearly identifies the LLC's accounts as separate from yours.

This answer is not intended to provide legal advice and you should always consult a qualified lawyer in your state who has had the opportunity to discuss all aspects of your matter with you and review all applicable documents before making any decisions on your matter.

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