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AR HB1268

Bill

Status

Passed

4/2/2015

Primary Sponsor

Mary Broadaway

Click for details

Origin

House of Representatives

90th General Assembly (2015 Regular)

AI Summary

  • Amends Arkansas Code § 16-110-402 to revise procedures for issuing writs of garnishment and notice requirements to defendants

  • Requires the "Notice to Defendant" to inform judgment debtors of their right to claim exempt wages, money, and property, including Social Security, SSI, veterans' benefits, Temporary Assistance for Needy Families, unemployment compensation, and workers' compensation

  • Mandates judgment creditors or their attorneys mail a copy of the writ and notice to the judgment debtor within five (5) days of service on the garnishee, sent to the last known residential address or place of employment if address is undeliverable

  • Changes the deadline for judgment creditors to file a written statement contesting an exemption claim from five (5) days to ten (10) days after the judgment debtor files an exemption claim

  • Eliminates the requirement to mail annual "Notice to Defendant" notices for future garnishments on the same debt within twelve (12) months of the original garnishment, but requires notice for subsequent garnishments filed after twelve months

Legislative Description

Concerning The Procedures For Issuing A Writ Of Garnishment.

Last Action

Notification that HB1268 is now Act 932

4/2/2015

Committee Referrals

Judiciary3/24/2015
Judiciary3/2/2015
Judiciary2/5/2015

Full Bill Text

No bill text available