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IN HB1358
Bill
Status
2/10/2015
Primary Sponsor
Casey Cox
Click for details
AI Summary
HB 1358 Summary
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Allows judgment creditors to garnish state tax refunds owed to debtors with unsatisfied Indiana judgments that have not been set aside or discharged in bankruptcy.
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Requires judgment creditors to file a writ of garnishment with the court containing the debtor's name, address, Social Security number, cause number, judgment date, current balance, and notice of the debtor's right to object within 21 days.
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Permits debtors to file objections to garnishment within 21 days of receiving notice; if no objection is filed, the court approves the writ and it is served electronically on the Department of State Revenue.
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Establishes an $8 processing fee per writ of garnishment, charged to the debtor, payable when the writ is served on the department.
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Prioritizes writs of garnishment by order of receipt and gives priority to setoffs for child support obligations and claimant agency claims over tax refund garnishments; effective July 1, 2015.
Legislative Description
Garnishment of state tax refunds. Provides that if a debt has been reduced to a judgment in Indiana and the judgment has not been satisfied, set aside, or discharged in bankruptcy, the judgment creditor may garnish a state tax refund otherwise due to the debtor. Specifies the procedures that the judgment creditor must follow in obtaining the garnishment from the department of state revenue. Allows a writ of garnishment to be electronically filed with the department of state revenue. Excludes from garnishment debt subject to a repayment plan if the repayment plan has not been breached. Exempts 50% of a
Last Action
Committee report: amend do pass adopted; reassigned to Committee on Appropriations
3/31/2015