Garnishment of Bank Account Louisiana: How It Works After a Judgment

Bank account garnishment in Louisiana is a snapshot — it grabs whatever non-exempt money is in the account at the exact moment the garnishment citation is served on the bank. Unlike wage garnishment, which pulls a percentage from each paycheck over time, a bank levy is a one-shot collection.

How to File a Bank Garnishment

The filing process mirrors wage garnishment:

1. Confirm finality: Your judgment must be final and executory (three calendar days after signing, or three calendar days after formal service if service is required under La. R.S. 13:5208; approximately 15 days from judgment or service of notice for JP Court).
2. File a Petition for Garnishment with the court that rendered the judgment, naming the bank (the specific branch where the debtor holds the account) as the garnishee.
3. Include Garnishment Interrogatories — questions the bank must answer about the debtor's account(s), balances, and any existing liens or holds.
4. Advance the filing fee (typically $100–$180).
5. The clerk issues a Writ of Fi. Fa. and Garnishment Citation, which the executing officer (marshal or constable) serves on the bank.

What Happens at the Bank

The seizure takes effect when the garnishment papers are served under La. C.C.P. art. 2411. A bank may still honor ordinary-course checks or drafts presented on the service day or the next business day.

The bank then has 30 days to file sworn answers to the interrogatories, disclosing what was in the account at the time of service and identifying any claims of exemption.

The Federal Two-Month Lookback

Before the bank can turn over the frozen funds, federal rules require a review. Under 31 C.F.R. Part 212, the bank must examine the account for the preceding two months and automatically protect any electronically deposited federal benefits:

• Social Security (retirement, disability, SSI)
• Veterans Affairs benefits
• Railroad Retirement benefits
• Federal employee retirement payments

The bank must protect these funds without the debtor filing any claim. Only non-exempt funds — personal deposits, freelance payments, cash deposits, transfers from non-protected sources — can be turned over to satisfy the garnishment.

Timing Is Everything

Since a bank garnishment captures only what is in the account at the moment of service, timing matters more than with wage garnishment. If you serve the garnishment right after the debtor receives a paycheck or a business payment, you may capture a significant balance. If the account is nearly empty, you get nearly nothing.

You have no way to time this precisely, but knowledge of the debtor's pay schedule (which you might learn through a judgment debtor examination) can help.

Debtor's Right to Claim Exemptions

Even after the freeze, the debtor can file a motion to dissolve the garnishment, claiming that some or all of the frozen funds are exempt — for example, that the money came from exempt wages protected by La. R.S. 13:3881 (the 75% protection still applies to wages deposited into a bank account), disability payments, or other protected sources.

If the court agrees, those funds are released back to the debtor. This is why bank garnishment sometimes yields less than the frozen balance suggested.

Costs and Practicalities

These costs are recoverable from the debtor and added to the judgment balance.

Bank garnishment works best when you know the debtor has substantial non-exempt funds in a specific account. For ongoing collection from employed debtors, wage garnishment usually provides a steadier stream of payments. For debtors who own real estate, a judicial mortgage may be more effective long-term.

For the full bank garnishment process, including interrogatory requirements and exemption rules, see our Louisiana Judgment Collection Guide.

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