Legal Question in Banking Law in Pennsylvania
Payroll Checks
I was told that it is illegal for a bank to put a ''hold'' on a payroll check until it is cleared, rather than the funds being immediately available. Is this true?
2 Answers from Attorneys
Re: Payroll Checks
In Pennsylvania wages are exempt from all execution processes while in the hands of the employer with minimal exceptions such as for support, student loans, taxes, and recently some residential lease payments. That may be what you are referring to. So a creditor like a credit card provider cannot garnish your wages in Pennsylvania but once the money is deposited into a bank account it may execute on the bank account. That has nothing to do with how soon you are able to access the funds, however.
Re: Payroll Checks
In general a bank may hold on to funds from a check deposited into an account until its midnight deadline passes and then they may delay it for two additional banking days.
See Title 13 of PA Code Chapters 41-45.
� 4109. Delays.
(a) Two-banking-day delay permitted in effort to secure payment.--Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specified item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify or extend time limits imposed or permitted by this title for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.
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