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JOHN O. MELBY & CO. BANK v. ANDERSON

No. 76-426.

88 Wis.2d 252 (1979)

276 N.W.2d 274

JOHN O. MELBY & COMPANY BANK, Plaintiff-Respondent, v. ANDERSON, and wife, Defendants-Appellants: STATE BANK OF INDEPENDENCE, Garnishee-Respondent.

Supreme Court of Wisconsin.

Decided March 27, 1979.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Stephen F. Andersen and Hegge & Andersen of Whitehall.

For the respondent the cause was submitted on the brief of Mattka, Robertson & Berns of Whitehall.

HEFFERNAN, J.

The only question presented on this appeal is whether the garnishment restrictions of Title III of the federal Consumer Credit Protection Act, 15 U.S.C. secs. 1671-1677, apply to wages deposited in a checking account. We conclude that the federal statutory restrictions on garnishment do not apply to wages after payment to an employee and deposit in a bank account. Accordingly, we affirm the judgment and order of the county court.

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