GAR - Seizing Funds & Freezing Accts
Overview
This page addresses the following topics:
- Configuring Safari for seizing funds (i.e., moving to a GL, or freezing funds in the account)
- How users seize funds in Safari
- Freezing accounts for continuous levies
- Compliance with requirements to seize a multiple of the levy amount
- Safe deposit boxes
- CDs and similar assets
- Recording and identifying whether a 31 CFR 212 Federal Benefit Exemption notice was included.
Configuring Safari
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UI - How to Seize Funds
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Freezing accounts for Continuous Levies
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Seized Amount Multiple
VIDEO TUTORIAL (3 mins) - Seized Amount Multiple
The Seized Amount Multiple field is designed to help you comply with specific state laws—such as Hawaii (1.2x) or Florida (2x)—that require an asset hold greater than the base levy amount.
When Visible: This field appears in a matter only if it has been enabled for that specific Subtype. If you do not see the field on your screen, please check with your Administrator to ensure the Subtype configuration is correct.
When Editable: The field is editable only when the matter status is TO DO Seize Assets. If your matter is in a different status, change the status to TO DO Seize Assets and click SAVE. The field will then be available to edit.
How it Works
When a matter is has a multiple more than 1, the following features are automatically enabled:
Automated Calculation: The system uses the multiplier to calculate the total amount to hold. This allows the Seized Amount to exceed the Levy Amount without triggering validation errors or requiring manual overrides.
The "Hawaii Rule" (Rounding Down): To ensure strict legal compliance and prevent freezing more assets than legally allowed, the system always rounds down to the nearest penny.
Example: A $1,234.58 levy with a 1.2x multiplier (required in Hawaii) results in $1,481.496. Instead of rounding up to $1,481.50, Safari will ensure the amounts seized does not exceed $1,481.49, to ensure you never exceed the legal maximum.
Partial Release Logic: When you perform a partial release, the system uses the defined multiple to automatically calculate the correct amount to be released, maintaining the required statutory ratio throughout the life of the matter.
Efficiency Tip: To save time and reduce manual entry errors, your Administrator can set a default value at the Subtype level (e.g., 2.0 for a Subtype created specifically for Florida garnishments). This ensures the field is pre-filled correctly every time you create a new matter for that Subtype.Safe Deposit Boxes
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CDs and Similar Assets
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Federal Benefit Exemption Status (31 CFR 212)
VIDEO TUTORIAL (2 mins) - Federal Benefit Exemption Compliance
Under 31 CFR 212, when a financial institution receives a garnishment order, it must determine within two business days whether federal benefit funds in the account are exempt from seizure or subject to it. That determination depends on whether the order includes a 31 CFR 212 notice. The Federal benefit Exemption Status Field lets you record that determination on a matter, and purpose-built AI functionality can identify the notice for you and pre-fill the field automatically.
The Federal Benefit Exemption Status Field sits in the Primary section of a Matter in the left panel, directly below Levy/Order Amount.
The dropdown will present two options:
- Benefits unprotected (not exempt): Federal funds can be seized; a 31 CFR 212 notice was included with the order and the EXEMPTIONS - FED field will be prefilled with "$0 - 31 CFR 212 Notice included"
- Benefits protected (exempt): Federal funds cannot be seized; a 31 CFR 212 notice was NOT included with the order and the EXEMPTIONS - FED field on the Account Review Worksheet works as it does today and there is no change to current functionality.
If you enter an amount into EXEMPTIONS - FED and then try to save with Benefits Protected (not exempt) selected, Safari will display a warning message to resolve the error before proceeding forward.
Federal Benefit Exemption Status (31 CFR 212) - Automated Identification
Depending on your company's AI settings, Safari can identify whether a 31 CFR 212 notice was included and pre-fill the Federal Benefit Exemption Status for you.
X9 Levies:
- Benefits unprotected (not exempt) is filled in automatically when the levy file references 31 CFR 212.
- Benefits protected (exempt) is filled in automatically when the levy file does not reference 31 CFR 212.
For Garnishment order received outside of the X9 format:
- Benefits unprotected (not exempt) is filled in automatically when the order contains the 31 CFR 212 notice.
- Benefits protected (exempt) is filled in automatically when the order does not reference 31 CFR 212 at all.
- If the order references 31 CFR 212 but the language does not match the standard notice closely enough, the field is left blank for human determination.
Depending on your company's AI settings, fields filled in automatically show the AI data fill indicator so you can tell the value came from data extraction rather than manual entry. See Setup - AI for more information.
Federal Benefit Exemption Status (31 CFR 212) - Reports
You can pull a report to see the fields below. Use this report for audit and compliance purposes that your team is recording the Federal Benefit Exemption Status determination within the two business days required by 31 CFR 212, and who made that determination. To learn more about creating reports see Reports - Creating Custom Reports.
Field | Description |
Federal Benefit Exemption Status | Benefits unprotected (not exempt) or Benefits protected (exempt) |
Business Days to 31 CFR 212 Determination | The number of business days between the date the order was received and the date the field was first saved |
User Making 31 CFR 212 Determination | The name of the user who first completed the field |
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