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OK HB2734
Bill
Status
2/6/2012
Primary Sponsor
Richard Morrissette
Click for details
AI Summary
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Amends 31 O.S. 2011, Section 1.1 to allow disabled debtors without dependents to claim earnings exemptions from garnishment, execution, or attachment.
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Defines disability using Social Security Administration standards as the qualifying criterion for debtors without family or dependents to access exemption protections.
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Requires courts to consider the additional subsistence needs created by a debtor's disability when determining whether wage garnishment would cause undue hardship.
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Grants courts authority to either exempt all or part of personal earnings or modify/stay continuing earnings garnishments when a disabled debtor's minimal subsistence needs would be jeopardized.
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Effective date: November 1, 2012.
Legislative Description
Homestead and exemptions; providing exemption from process for disabled debtor; effective date.
Civil and Criminal Procedure and Courts
Last Action
Authored by Senator Sparks (principal Senate author)
2/21/2012