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NC S340

Bill

Status

Introduced

3/23/2021

Primary Sponsor

Jim Perry

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Authorizes wage garnishment to enforce judgments in cases involving unfair or deceptive acts or practices under North Carolina law (G.S. 75-1.1) when violations were knowingly and willfully committed.

  • Requires judgment creditors to send certified notice to judgment debtors and wait 10 days before filing a garnishment motion if the debtor fails to pay or arrange payment.

  • Limits garnishment to the lesser of 15% of monthly disposable earnings or the amount exceeding 50 times the federal minimum wage multiplied by the number of weeks in the pay period.

  • Establishes garnishment order priorities, with non-section garnishments (including child support and government garnishments) taking precedence over section-based garnishments, which are satisfied in order of service.

  • Becomes effective October 1, 2021, and applies to civil actions filed on or after that date.

Legislative Description

Honor Financial Commitments

Public

Last Action

Ref To Com On Rules and Operations of the Senate

3/24/2021

Committee Referrals

Rules and Operations of the Senate3/24/2021

Full Bill Text

No bill text available