West Virginia Bank Account Garnishment — Freeze a Debtor's Bank Account

When a judgment debtor has money sitting in a bank account, a Suggestion summons can reach those funds and direct non-exempt money toward your judgment. It's one of the faster enforcement tools available in West Virginia Magistrate Court — but exemptions and federal protections can reduce what you actually collect.

How a Bank Suggestion Works

A Suggestion summons is process served on a third party — in this case, the debtor's bank — that holds money belonging to the debtor. You request the Suggestion from the Magistrate Court Clerk; when served, it directs the bank to freeze non-exempt funds up to the judgment amount.

The bank must respond within 21 days after service, disclosing what funds it holds. During the freeze period, the debtor can't withdraw the garnished portion.

The $1,100 Bank Account Exemption

Under W. Va. Code § 38-8-1(c), the debtor can claim an exemption of up to $1,100 held in a federally insured bank or credit union. This means if the debtor's account holds $2,000 and your judgment is $3,000, the maximum you can reach is $900 ($2,000 minus the $1,100 exemption).

The exemption isn't automatic — the debtor must assert it. But banks often notify account holders of their right to claim exemptions, and many debtors do file them.

Federal Benefit Protections

Federal law adds another layer of protection. Under 31 C.F.R. Part 212, banks must automatically conduct a two-month lookback when they receive a garnishment order. If the account received electronic deposits of Social Security, SSI, VA benefits, or Railroad Retirement benefits during the prior two months, those funds are automatically protected and cannot be frozen.

This lookback happens before you or the court do anything — the bank handles it internally. If the debtor's account consists entirely of protected federal benefits, the garnishment yields nothing.

Joint Accounts

If the debtor shares a bank account with someone who isn't a judgment debtor — a spouse, for instance — the co-owner can request an evidentiary hearing in Magistrate Court. They'll need to prove that their portion of the funds belongs to them independently. If they succeed, the court releases their share from the freeze.

Practical Considerations

Bank garnishment works best when you know:

• Which bank the debtor uses (institution name and branch)
• That the account holds funds beyond the $1,100 exemption
• That the funds aren't primarily from protected federal benefits

If you don't know where the debtor banks, Rule 27 post-judgment interrogatories can compel the debtor to disclose their financial accounts under oath. Filing a garnishment blindly wastes the $5 filing fee and the sheriff's service effort.

Each bank must be served with a separate Suggestion summons. If the debtor moves their money after service, you've frozen an empty account — timing matters.

The West Virginia judgment collection guide walks through the full bank garnishment process, from selecting the right form to handling exemption claims and joint account disputes.

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