$0 Kentucky Small Claims Collection Checklist

Kentucky Bank Account Garnishment

When you know where a judgment debtor banks but do not have their employer information — or when wage garnishment alone is not enough — a non-wage garnishment targets the debtor's bank account directly. In Kentucky, this uses Form AOC-145 (the affidavit) and Form AOC-150.1 (the order).

The critical difference from wage garnishment: a bank garnishment captures only the funds sitting in the account at the exact moment the order is served. Anything deposited afterward is not touched. It is a snapshot, not a continuous order.

How the Process Works

After confirming the 10-day appeal window (KRS 24A.340) has expired, complete Form AOC-145 (Affidavit for Writ of Non-Wage Garnishment) and Form AOC-150.1 (Order of Garnishment — Non-Wage), then file both with the Office of Circuit Court Clerk. The AOC-145 affidavit certifies the total unpaid judgment balance.

The Clerk issues the order, and it is served on the bank by certified mail or sheriff. Upon receiving it, the bank freezes the debtor's account up to the amount specified in the order.

Federal Benefit Protections Apply Automatically

Before freezing anything, the bank must run an automated review of the prior two months of deposits under 31 CFR Part 212. If direct deposits from protected federal sources — Social Security, SSI, VA benefits, Railroad Retirement, Civil Service Retirement — show up in that two-month lookback window, the bank must shield those funds automatically.

The bank cannot freeze protected benefit money, and it cannot charge garnishment fees against those protected funds. Only non-protected deposits are subject to the freeze.

Objection and Disbursement Timeline

The order directs the bank to promptly try to notify the debtor of the freeze. The debtor may request a hearing by signing and swearing to Form AOC-150.2 (Affidavit to Challenge Garnishment) before a notary or Circuit Court Clerk, then filing it within 10 days of the garnishee's receipt date shown on the order. If the debtor files, the Clerk notifies the parties and orders the bank to continue holding the funds until the court rules. Common challenges include claims that the frozen funds are exempt income or belong to a joint account holder.

Under Form AOC-150.1, if 14 days pass after the bank receives the order with no further court notice, the bank must answer within 20 days of receipt and forward funds withheld to the creditor's attorney or the Circuit Clerk, as directed in the order.

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Joint Accounts

When the debtor shares a bank account with someone else, the bank will freeze the account but a rebuttable presumption of ownership applies. The non-debtor account holder can request a hearing to prove the funds are theirs. This is one of the more contested areas in bank garnishment — if you suspect the debtor only has joint accounts, be prepared for a hearing.

Practical Considerations

Bank garnishment works best when you can time it around known deposit patterns — after payday, after a rental income deposit, after a known transaction. Since the order only captures funds present at the moment of service, timing matters.

If the first garnishment does not fully satisfy the judgment, you file a new AOC-145 affidavit and AOC-150.1 order to capture later deposits. Each round requires a new order and fresh service.

Getting the Forms and Timing Right

A bank garnishment with the wrong balance calculation or served at the wrong moment can yield almost nothing. The Kentucky Small Claims Judgment Collection Guide covers the full non-wage garnishment procedure, the objection timeline, and what to do when the bank's answer shows less than expected.

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