Bank not required to restrict withdrawals

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Appellant-garnishee-defendant JPMorgan Chase Bank (JPMorgan) appeals the small claims court’s order finding it in contempt and entering judgment of $1,045.99 in favor of appellees-plaintiffs Laura Brown, Dennis Brown, and Green, Richard&Trent (the Collection Agency) (collectively, the appellees). Specifically, JPMorgan argues that the trial court erroneously found it to be in contempt because, pursuant to the applicable provisions of the Indiana Financial Institutions Adverse Claims Act (the Act), JPMorgan was only required to restrict withdrawal of funds in an amount equal to the balance of appellee-defendant Rebecca Recht’s account at the time JPMorgan received notice of the garnishment proceedings. 

Conclusion (slip op. at 8):  We agree with JPMorgan that the trial court erred by finding it in contempt for failing to restrict withdrawal of funds that were subsequently deposited into Recht’s account. Consequently, we reverse the judgment of the small claims court with regard to the contempt order.

Key Analysis (slip op. at 8):  In light of the legislature’s amendment to I.C. 28-9-4-2, we agree with JPMorgan that the statute only required it to restrict withdrawal of the balance in Recht’s account at the time it received the documents and process required by I.C. 28-9-3-4(d).

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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