Legal Processing

Garnishment

100

What is our Legal Processing Fee for member accounts?

$75

200

Process a Partial Release: Step by Step

1. In Symitar, go to the applicable account(s) and select IQ
2. Select each hold and change the amount required to remain on hold
3. Right Click on the general account notes under the General Membership heading
4. Select Create Note
5. Create a note using the below template:
   LEGAL
   A partial (Release/Court Order) has been served via (Method of Service). $(X) amount remaining on hold. All other funds released.
6. Save a copy to the Daily Documents I:Drive Folder
7. Upload a copy to the member's account (s)
8. Upload a copy to the Safari ID that has the original hold documents and answer
9. Make a note on Safari about the release
10. Change the held amount on each account in the data fields

300

Our Registered Agent send us an Oregon Civil Garnishment (not child support). Do you process that garnishment?

No, MACU does not have garnishable assets located within the state of Oregon

400

You received a Wage Garnishment. What should you do?

The Legal team does not process payroll garnishments. Please forward those to the payroll team in Accounting by emailing [e-mail]

500

You are cutting checks and you come to a hold from a Notice to Withhold that was served 21 days ago. You don’t see a garnishment was served. What do you do?

As a courtesy, we can give them a call letting them know they can send us the garnishment that same day, and if we don’t receive it, we’ll have to release the funds back to the member’s account.

Subpoenas

100

What is the typical response timeframe for a civil subpoena?

10-14 days from receipt.

200

You received a Utah Grand Jury subpoena. Do we email the initial response to the investigator, grand jury coordinator, or the attorney listed? 

UT is always the coordinator. For all other states GJ read the instructions to know where the response is supposed to go. 

300

Most commonly redacted Records 

Statements, Supporting loan Documentation, 

Internal Notes and phone calls. 

400

An employee calls you and tells you they have been subpoenaed to testify. What are the next step?

Set a meeting with one of the attorneys to prepare him. 

500

You received a subpoena  from law enforcement asking for "any and All records" for John Smith. You supply a response. The officer calls you asking for more record types than you supplied. What do you do? 

Tell them to serve an amended or new subpoena. (they must be specific)

Child Support Levies

100

What warning codes do you add on Symitar for an indefinite hold? (For example: Indefinite Child Support Levy)

104 warning code 

200

Hold duration for ORS Levies 

60 Days Total from Date of Hold
21 day hold - Initial Dispersal of Held Funds
39 day remaining hold  

300

Can ORS Levies hold federally exempt funds or IRAs?

Yes, they can hold federal exemptions if the notice is included in with the levy. (most of the time they include it)

Yes, IRAs can be held only if specifically stated on the savings levies.

400

Idaho Child Support hold duration. 

76 Day Hold.
Release back to member if Idaho has not served additional orders

500

You are sorting the mail and find two ORS Levies for the same member. What piece of information do you look for to know if you should only process one or if you need to process both?

What date was it issued?, Is it for a different case?, Is one for checking shares and the other for savings? 

When in doubt, call the child support entity and clarify or ask attorney/manager

Garnishment Releases

100

You received a phone call from the branch saying they have a member who state that they need to get a release of the funds held in their account. How you handle this phone call?  

We should clarify if the member is trying to get the money put back into their account or if they are trying to pay the party that served us. Once we establish that, we can then proceed with educating them about the difference between releasing the funds back in to their account or to disbursing the funds to the serving party.

200

How soon can the member use their ODP one the legal warning has been expired?

ODP takes 24-48 to systematically reset, assuming they meet all the standard requirements

300

In what cases can the legal processing fee be refunded?

If the garnishment was received and processed within 1 business day of the member calling to request a refund, claiming it was a mistake by the serving party, and we’ve already processed the release within that time…

400

Process a Full Release: Step by Step 

1. On Symitar, go to the applicable account(s) and select IQ
2. Select each hold and enter today's date into the expiration date field
3. As long as no other legal holds remain on the account, select the Account General Membership
4. Expire the Warning Code(s) with today's date
5. Right Click on the general account notes under the General Membership heading
6. Select Create Note
7. Create a note using the below template:
   LEGAL
   A full (Release/Court Order) has been served via (Method of Service).
8. Save a copy to the Daily Documents I:Drive Folder
9. Upload a copy to the member's account(s)
10. Upload a copy to the Safari ID that has the original hold documents and answer
11. Make a note on Safari about the release
12. Change the Safari Status to Closed-Funds Released

500

You receive a call from a branch saying they have a member who provided a release of garnishment. What do you tell them? (Step by Step)

Asking to scan the release to the legal email, as soon we receive it, it should be addressed to Mountain America and a call should be made to the issuing party attorney or agent for verification of the release. 

it is preferred that the party serving Mountain America send us the release directly before action is taken. The release can be sent via email, fax, or mail.

Subpoenas 2

100

Subpoena Duces Tecum was served. what are the next steps? 

• Confirm the subpoena has been domesticated in a state MACU does business or is federal
• Confirm the subpoena has been properly served
• Confirm there is a court seal/clerk signature or attorney signature
• Confirm the subpoena is addressed to Mountain America Credit Union.

Uploading process: 

1. Upload a copy of the subpoena to SAFARI
   • Fill in the intake information with accuracy 
   • Carefully read to determine where a response is required to be sent. If an email address is not provided, call the issuing party and ask for it for an emailed response.
   • Notate the due date to ensure compliance by that date
2. Using the SAFARI Correspondence Folder, send a Subpoena or Warrant Receipt Confirmation email to the issuing party.
3. Save a copy of the subpoena to a folder in the drive designated for the Legal Team (Legal/Legal Processing/Subpoenas/PDF Subpoena Duces Tecum) Creating a new folder with the Safari ID 

200

You have received a garnishment reply and request for hearing. What should you do?

1. Carefully review the document for any additional instructions 

2. Scan and/or save a copy to your daily document folder. 

3. Upload to Safari and applicable accounts. 

4. Place 104 warning in symitar under all accounts. 

5. Place note in symitar. 

6. change Safari Status to "awaiting court order"

300

True or False:

All hearing notifications should be read carefully for instructions as it typically requires an indefinite hold.

True!

If a garnishment reply and request for hearing is received, MACU must continue to hold the funds indefinitely until a court order is served with further instructions. 

400

You've received a motion to quash or Subpoena objection. what should you do? 

If a motion to quash or subpoena objection is served, the response to the subpoena should not be sent until a court order is received with further instructions. 

1. Save a copy to the applicable PDF Subpoena Subfolder
2. Upload a copy to Safari under that subpoena case
3. Change the state to closed-Quashed (which will be re-opened if the court denies the motion/objection)