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HI SB1373

Bill

Status

Introduced

1/27/2021

Primary Sponsor

Joy San Buenaventura

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Prohibits creditors from initiating or continuing wage garnishment proceedings for debts during a state of emergency declared by the governor and for 60 days after the emergency ends, with an exception for child support obligations.

  • Limits wage garnishment to a maximum of 10 percent of a debtor's wages for six months following the 60-day period after the emergency ends, unless the creditor and debtor mutually agree to a different payment plan.

  • Applies only to debtors who can establish they have been negatively financially impacted by the COVID-19 pandemic.

  • Allows debtors to pursue civil action against creditors who willfully violate these provisions, including recovery of actual damages and reasonable attorney's fees.

  • Takes effect July 1, 2050 and automatically repeals six months after the governor's emergency proclamation expires or on December 31, 2021, whichever occurs first.

Legislative Description

Relating To Wage Garnishment.

Moratorium

Last Action

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.

2/18/2021

Committee Referrals

Judiciary2/18/2021
Commerce and Consumer Protection2/1/2021

Full Bill Text

No bill text available