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NC H30
Bill
Status
5/25/2011
Primary Sponsor
George Cleveland
Click for details
AI Summary
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Authorizes wage garnishment as a method to enforce judgments in civil cases involving violations of unfair or deceptive practices (G.S. 75-1.1), but only after other collection remedies have been exhausted and the violation was knowingly and willfully committed.
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Requires judgment creditors to send certified notice to debtors before pursuing garnishment and wait 10 days for payment or payment arrangements before filing a motion with the court.
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Limits garnishment to the lesser of 15% of monthly disposable earnings or the amount exceeding 50 times the federal minimum hourly wage multiplied by the number of weeks in the pay period.
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Prohibits garnishment if the judgment debtor is already making regular monthly payments equal to at least 10% of disposable earnings or can demonstrate economic hardship to themselves or dependents.
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Establishes priority rules for multiple garnishment orders, requires a $5.00 processing fee per payment to the employer, and mandates judgment creditors notify the court within 60 days of full satisfaction or face a $100 penalty plus attorney fees.
Legislative Description
Allow Wage Garnishment to Satisfy Judgments
Last Action
Ref to Judiciary II. If fav, re-ref to Finance
5/25/2011