Discover Bank v. Marchetti
A judgment creditor may not be entitled to execute a wage-earner's entire net paycheck, pursuant to Connecticut General Statutes §§52-361a and 52-367b. In January 2012, the plaintiff, Discover Bank, obtained a judgment against the defendant, Angelo Marchetti, in the amount of $5,615. The plaintiff sought a bank execution against funds that the judgment debtor kept in Webster Bank, in the amount of $2,451. The judgment debtor objected that these funds were derived from the direct deposit of wages and were exempt, pursuant to C.G.S. §§52-361a and 52-367b. Discover Bank argued that once the defendant's funds were deposited into the defendant's bank account they became subject to execution. C.G.S. §52-361a, wrote the court, "does not permit a levying creditor to execute on a wage-earner's entire net paycheck." The court added that the plaintiff bank failed to follow the procedure in C.G.S. §52-361a, which prevented the court from concluding that a portion of the funds were non-exempt. The court found that funds in the defendant judgment debtor's bank account, except for $4.99 in his savings account, were exempt from execution, because they were derived from the direct deposit of the defendant's wages.