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NC S632

Bill

Status

Introduced

3/26/2015

Primary Sponsor

Andrew Brock

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Allows garnishment of wages to enforce civil money judgments against individuals, beginning 30 days after final judgment is entered.

  • Limits garnishment to the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage ($7.25/hour), with "disposable earnings" defined as gross pay minus federal/state income taxes, unemployment insurance, and social security.

  • Requires clerk of superior court to issue writ of garnishment upon request and $25 fee, with employer serving as garnisher and retaining $10 per pay period; payments must be remitted monthly to judgment creditor.

  • Provides judgment debtor with right to object to garnishment within 30 days based on exemptions including social security, disability, retirement savings, and income already subject to child support or governmental garnishment.

  • Establishes priority system where child support garnishments take precedence over government garnishments, which take precedence over private judgments; becomes effective July 1, 2015.

Legislative Description

Civil Judgment/Allow Wage Garnishment

Last Action

Ref To Com On Rules and Operations of the Senate

3/30/2015

Committee Referrals

Rules and Operations of the Senate3/30/2015

Full Bill Text

No bill text available