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ID H0460
Bill
Status
3/3/2020
Primary Sponsor
Judiciary, Rules and Administration Committee
Click for details
AI Summary
H.B. 460 Summary
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Revises writ of execution form requirements to include judgment debtor's last known address and other personally identifying information if known.
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Allows continuous wage garnishment for child support obligations that automatically withhold non-exempt earnings at each payment interval until judgment is satisfied or released, with interim returns filed every 14-30 days depending on amounts collected.
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Permits judgment creditors to serve writs directly through attorneys (serving attorneys) rather than only through sheriffs for garnishments against financial institutions and future wages from employment.
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Establishes garnishment review procedures for financial institutions limited to 2-month lookback period to identify exempt funds, with immunity from liability for good faith determinations and allows notice of intent to terminate garnishment after 120 days of inactivity.
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Sets fees: financial institutions may deduct up to $10.00, employers may deduct one-time $10.00 fee, and judgment creditors may charge up to $20.00 for service or $2.00 per interim return on continuing garnishments.
Legislative Description
Amends existing law to revise provisions regarding garnishments and enforcement of judgments in civil actions.
CIVIL ACTIONS
Last Action
Introduced, read first time; referred to: Judiciary & Rules
3/4/2020