Garnishments, Levies, and Orders of Process

Adams & Reese is a trusted partner to some of the world’s largest financial institutions, guiding them through the complexities of garnishments, levies, restraints, and other third-party legal orders of process matters. Our nationally recognized attorneys bring decades of hands-on experience, a deep bench of legal talent, and practical insight into navigating high-risk, multijurisdictional challenges.

We serve as state-wide legal process counsel for major financial institutions in Texas, Florida, and Georgia and are licensed in more than 30 jurisdictions. We understand not only the black letter law, but also how courts, regulators, and enforcement agencies approach these matters on the ground.

RESPONDING TO LEGAL ORDERS

Our Legal Order Processing team handles every type of third-party legal process – writs of garnishment, tax levies, receivership orders, seizure warrants, subpoenas, injunctions, and more. We advise on compliance, defend against improper claims, and help financial institutions respond effectively, efficiently, and lawfully.

We assist clients with:

• Managing conflicting legal orders from federal, state, and bankruptcy courts across multiple jurisdictions.
• Responding to IRS and state tax levies, child support levies, and seizure warrants.
• Addressing restraints on deposit and investment accounts, including cross-jurisdictional issues.
• Interfacing with federal agents, Assistant U.S. Attorneys, local authorities, and regulators.
• Responding to subpoenas and requests for documents or testimony, including grand jury and trial subpoenas related to customer accounts.
• Defending institutions in hearings on applications for temporary injunctions.
• Responding to complaints from the OCC, CFPB, and other regulatory bodies in connection with garnishment and account restrictions.
• Protecting against reputational risk in sensitive matters, such as ultra-large restraints or claims involving vulnerable or sympathetic account holders or creditors.
• Handling interpleader actions and declaratory judgment actions to minimize liability and discharge institutions from further exposure.

POLICIES, PROCEDURES, AND RISK MITIGATION

Missteps in the legal process can create serious liability and reputational risk. Our attorneys develop and refine legal order processing frameworks for banks with regional and national footprints. We also provide real-time guidance on compliance, informed by a proprietary 50-state survey of garnishment laws – including restriction states, exemptions, and cross-jurisdictional conflicts.

We continuously update this survey and integrate it into our clients’ legal operations to provide state-specific compliance guidance and protect against enforcement risk. We are frequently retained to advise on the impact of new legal developments, such as CFPB consent orders or MRA letters related to garnishment practices.

NATIONAL STRENGTH, LOCAL INSIGHT

From restraint-related matters in Florida investment banking to high-profile garnishment litigation in Texas, our experience is both broad and deep. We work closely with in-house counsel and legal service intake teams to apply strategic, consistent practices across complex footprints. We help clients maintain their role as neutral stakeholders, even in highly publicized or sensitive matters involving guardianship, elder exploitation, international claims, and terrorism-related judgments.

DEFINING STRENGTHS

• Account restraints and freezes
• IRS and state tax levies
• Child support enforcement actions
• Seizure warrants and forfeiture orders
• Civil and criminal subpoenas
• Garnishments and receivership orders
• Investment account restraints
• Multijurisdictional disputes
• Interpleader and declaratory judgment actions
• Regulatory compliance and policy development
• Privacy, OFAC, and reputational risk management
• Cross-border beneficiary claims
• Guardianship, probate, and elder exploitation matters
• Responses to OCC, CFPB, and enforcement agency inquiries