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Your bank account is frozen. Here's what's automatic, and what you file.

Post-judgment bank-account levies happen quickly. The good news: federal Social Security and similar benefits get automatic protection — the bank itself must look back two months and segregate them, without you filing anything. The not-so-good news: wages already deposited, unemployment, and unprotected funds require a timely state claim-of-exemption filing.

Automatic federal protection — 31 CFR §212

When a bank receives a writ of garnishment or similar order, federal regulation 31 CFR §212 (opens in a new tab) requires the bank to perform an "account review" within two business days (31 CFR §212.6 (opens in a new tab)). The review must identify any direct deposits in the prior two calendar months from a "covered benefit agency" — 31 CFR §212.3 (opens in a new tab) defines this to include the Social Security Administration (Title II + SSI), Veterans Affairs, the Office of Personnel Management (federal civil service retirement), and the Railroad Retirement Board.

The bank must segregate the protected amount and make it available to the accountholder. You do not need to file anything for the protected portion. State courts and state-court-published claim-of-exemption forms are still useful for asserting protection over amounts above the federal two-month look-back, for recently-deposited wages that retain wage-character under state law, and for state-protected categories like unemployment and public-assistance benefits.

Statutory anti-attachment of Social Security

On top of the regulation, the Social Security Act itself ( 42 USC §407 (opens in a new tab)) makes Social Security benefits not subject to execution, levy, attachment, garnishment, or other legal process — with narrow exceptions for child support, alimony, federal taxes, and other specific federal claims.

State-specific overlays

Beyond federal benefits, what's in the account dictates what's protected and how you claim it:

  • Recently-deposited wages. Many states preserve "wage character" for earnings already deposited — the 60-day, 6-month, or other window varies. Florida protects earnings for 6 months after deposit; North Carolina 60 days; others vary.
  • Unemployment benefits. Generally protected by both state statute and federal anti-attachment for federal-state-funded programs.
  • State tax refunds. Protection varies. Some states protect; some don't.
  • Other unprotected funds. Subject to the levy unless your state has a wildcard exemption that covers a dollar amount of any account.

Use the decoder

1 · Your state
2 · What's in the frozen account?

Select all that apply.

What's protected, and what you do next

  • Select what's in the frozen account to see the procedural pathway. Federal SSA-class benefits have automatic protection; state-protected categories require a timely claim-of-exemption filing.

Citations