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NC H30

Bill

Status

Engrossed

5/25/2011

Primary Sponsor

George Cleveland

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Finance5/25/2011
Finance4/14/2011
Judiciary Subcommittee C3/31/2011
Judiciary Subcommittee A2/3/2011

Full Bill Text

No bill text available