What to do if…
your bank notifies you it will take money from your account to cover another debt
Short answer
Call your bank right away (using a trusted number) to confirm whether this is the bank’s right of offset/setoff or a garnishment/levy, then ask for a temporary pause or partial release so you can cover essential living expenses.
Do not do these things
- Don’t ignore the notice—timing matters.
- Don’t call a number from a text/email; use the number on your card or official site/app.
- Don’t drain the account impulsively if it will cause overdraft fees, missed rent/utilities, or worse fallout.
- Don’t assume all income is automatically protected—protections depend on the source of funds and the type of action.
- Don’t agree to new repayment terms on the spot without getting the terms in writing.
What to do now
- Identify what type of “taking” this is.
- Ask: “Is this your right of offset/setoff, or is this a garnishment/levy from a court or government agency?”
- Get: amount, date/time, accounts involved, and the debt type (loan, overdraft line, credit card, etc.).
- If it’s bank offset, ask them to show the authority—and check the credit-card rule.
- Ask which clause in your deposit account agreement and/or loan agreement allows the offset.
- If the debt is a consumer credit card, ask the bank to confirm in writing whether it has prior written authorization to take money this way—because federal law generally prohibits offsetting a deposit account to pay a consumer credit card balance unless specific authorization exists.
- Request a hardship pause or partial release for essentials.
- Say clearly: “This will stop me paying for rent/food/medication. I’m requesting a hardship review and a temporary hold, delay, or partial release for essential living expenses.”
- Ask for a supervisor/escalation path if the first person can’t help.
- Protect your next deposit if the risk continues.
- If you can, open an account at a different bank/credit union and switch direct deposit there so you can keep paying essentials while you work this out.
- If timing is tight, ask your employer what the fastest payroll change is (some can update quickly; others can’t).
- If it’s a garnishment/levy and you receive federal benefits by direct deposit, ask for the “protected amount” review.
- Tell the bank immediately if your account receives federal benefit payments by direct deposit (for example, Social Security) and ask:
- Did you perform the required account review and calculate the protected amount?
- What was the lookback period used (typically the last 2 months) and what amount did you protect?
- Will you send (or did you send) the required notice showing the protected and frozen amounts?
- Was any garnishment fee charged, and if so, confirm it was not taken from the protected amount.
- Important: if the order includes a Notice of Right to Garnish Federal Benefits (often used for certain government or child-support enforcement actions), the usual “protected amount” procedures may not apply—ask the bank to tell you if that notice was attached.
- Tell the bank immediately if your account receives federal benefit payments by direct deposit (for example, Social Security) and ask:
- Stop knock-on damage today.
- List what might fail in the next 7 days (rent/mortgage, utilities, childcare, car insurance, prescriptions).
- Call those companies now to request a brief extension or alternate payment method to avoid late fees and shutoffs.
- Document and escalate if it seems wrong or the bank won’t explain.
- Save the notice, take screenshots, and write down who you spoke to and what they said.
- Use the bank’s internal complaint process and submit a complaint to the CFPB if you can’t get a clear, fair response.
What can wait
- You do not need to solve the full debt today—focus on keeping essentials stable.
- You do not need to negotiate a perfect long-term repayment plan during the first call—first get clarity on offset vs. garnishment, timing, and whether any funds are protected.
- Once the immediate crisis is contained, you can look up your bank/credit union’s regulator complaint route (in addition to the CFPB) if needed.
Important reassurance
It’s normal to feel panicked when a bank says money will be taken. You can usually reduce harm quickly by identifying the mechanism (offset vs. garnishment), requesting a hardship pause, and protecting your next deposit so you can keep paying for basics.
Scope note
These are immediate stabilisation steps for the next hours and days. Longer-term debt options or legal advice can come after you’ve protected essentials and clarified what’s happening.
Important note
This guide is general information, not legal advice. Rules can vary by state and by the type of debt and action (bank offset vs. garnishment/levy). If you’re unsure, ask the bank for an explanation in writing and consider local legal aid or a qualified consumer attorney.
Additional Resources
- https://www.helpwithmybank.gov/help-topics/debt-credit-scores/debt-management/right-of-offset-repayments/right-of-offset.html
- https://www.law.cornell.edu/uscode/text/15/1666h
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212
- https://www.fiscal.treasury.gov/files/eft/garnishment-guideline.pdf
- https://www.consumerfinance.gov/complaint/
- https://www.usa.gov/bank-credit-complaints