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OK HB2734

Bill

Status

Introduced

2/6/2012

Primary Sponsor

Richard Morrissette

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Amends 31 O.S. 2011, Section 1.1 to allow disabled debtors without dependents to claim earnings exemptions from garnishment, execution, or attachment.

  • Defines disability using Social Security Administration standards as the qualifying criterion for debtors without family or dependents to access exemption protections.

  • Requires courts to consider the additional subsistence needs created by a debtor's disability when determining whether wage garnishment would cause undue hardship.

  • 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.

  • 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

Committee Referrals

Judiciary2/7/2012

Full Bill Text

No bill text available