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IN THE SENATE
SENATE BILL NO. 1137
BY JUDICIARY AND RULES COMMITTEE
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AN ACT
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NISHMENT, TO DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
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OF CERTAIN FORMS AND TO REVISE A CERTAIN NOTICE FORM; AMENDING SECTION
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PROVISIONS RELATING TO LIABILITY OF A GARNISHEE; AMENDING SECTION
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LATING TO NOTICE OF GARNISHMENT AND DISCHARGE OF A GARNISHEE AND TO MAKE
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THAT NO SERVING ATTORNEY SHALL BE LIABLE TO BE SUMMONED AS A GARNISHEE;
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THE FORM OF A CERTAIN WRIT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
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AND TO REVISE PROVISIONS RELATING TO THE TIMING OF AN EXECUTION ISSUED
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TO CONTEST A CLAIM, TO REVISE PROVISIONS RELATING TO THE HOLDING AND
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TO PROVIDE THAT CERTAIN PROCEEDS SHALL BE PAYED TO THE JUDGMENT CREDITOR
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AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING CHAPTER 32, TITLE 31,
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PROVIDE THAT A SERVING ATTORNEY MAY CHARGE REASONABLE FEES FOR SERVICES
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AND MAY CHARGE A COMMISSION.
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amended to read as follows:
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8-507. GARNISHMENT -- SERVICE OF WRIT OF ATTACHMENT, EXECUTION,
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OR GARNISHMENT -- BANKS. (a) Upon receiving written directions from the
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plaintiff judgment creditor or his attorney, that any person or corporation,
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public or private, has in his or its possession or control, any credits or
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other personal property belonging to the defendant, or is owing any debt
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employee or agent shall serve upon in the manner provided in section 8-507D,
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judgment creditor's written directions all of the following documents:
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(1) aA copy of the writ;
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(2) aA notice that such credits, or other property, or debts, as the
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case may be, are attached in pursuance of such writ;
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(3) aA notice of exemptions available under federal and state law;
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(4) iInstructions to debtors and third parties for asserting a claim of
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exemption;
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(5) aA form for making a claim of exemption with two (2) preaddressed
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issuing court; and
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(6) iIf the garnishee is a bank or depository institution, a search fee
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of five dollars ($5.00) and the last known mailing address of the defen-
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dant and, if known, a tax identification number, that will enable the
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garnishee to identify the defendant on its records.
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The documents specified in paragraph (2) of this subsection shall contain,
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as part of the required notice, the following instructions:
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"Only one (1) order of garnishment against earnings may be in effect
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against a judgment debtor at any given time. If there is an order of
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garnishment currently in effect, the employer shall return the enclosed
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effect. Upon returning the enclosed order, the employer shall identify
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the following:
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2. The court issuing the garnishment that is in place;
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3. The court case number that corresponds with the garnishment
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that is in place;
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4. The balance remaining on the garnishment that is in place; and
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5. The estimated date that the garnishment will be satisfied."
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The documents specified in paragraphs (3) through (5) of this subsection
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shall be in a form substantially similar to the form provided in section
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(b) In case of service upon a corporation including, but not limited to,
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any banking or trust corporation, the same may be had by delivering serving
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be served, if upon a private corporation, to any officer, manager or desig-
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nated agent thereof, and if upon a public or municipal corporation, to the
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mayor, president of the council or board of trustees, or any presiding offi-
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cer, or to the secretary or clerk thereof.
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In the event a banking or trust corporation operates more than one (1)
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nate a particular office for the service of attachment, execution and gar-
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nishment papers. Such office may be located either within or outside the
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designated offices on its web page for access by the public.
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If a banking or trust corporation operating more than one (1) office
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where deposits are received has designated a particular office for the at-
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tachment, execution, or garnishment, then service of such papers made on
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the office so designated shall be valid and effective as to moneys to the
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defendant's credit held in the possession or control of any of the banking or
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trust corporation's branches or offices located within or outside the state
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If service of the attachment, execution or garnishment papers is not
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made on the designated office of the banking or trust corporation, but in-
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stead is made on another office of the banking or trust corporation located
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tive as to moneys to the defendant's credit in that particular office and as
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to other personal property belonging to the defendant held in the possession
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or control of that particular office, but shall only become valid and effec-
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tive as to moneys to the defendant's credit held in the possession or control
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of any of the bank or trust corporation's other offices upon receipt of the
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attachment, execution or garnishment papers by the designated office. Such
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banking or trust corporation may, but is under no obligation to, transmit
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the original or a copy of the papers from the particular office served to the
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designated office.
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Service on any banking or trust corporation is effective as against the
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moneys and other personal property to the defendant's credit which are in the
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possession or control of the banking or trust corporation named in the gar-
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nishment, but not any affiliate, parent or subsidiary not named. If the gar-
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nishment fails to sufficiently distinguish the banking or trust corporation
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from any affiliate, parent or subsidiary thereof, such that it is not clear
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which entity is intended to be the garnishee, the garnishment may be returned
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unsatisfied.
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(c) The provisions of this section and sections 8-507A through 8-507D,
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(d) For the purposes of chapter 5, title 8, and chapters 1 through 3, ti-
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amended to read as follows:
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ATTORNEY. Within two (2) business days after service of the writ and other
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a bank or other depository institution, within one (1) business day, the
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or mail to the defendant and any third party named in plaintiff's the judg-
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ment creditor's written directions as a co-owner or having an interest in
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the property or money to be levied upon, one (1) copy of all the documents
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and if the garnishee is a bank or depository institution, the search fee and
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The plaintiff judgment creditor shall identify in the plaintiff's judgment
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creditor's written directions the last known mailing address of the defen-
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indicate on the return of the writ filed with the court the date and manner of
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service upon the defendant and any third party and shall indicate the docu-
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ments served.
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receives written answer from the garnishee stating that it has no money or
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other personal property belonging or owing to the defendant, compliance with
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the provisions of this section shall not be required.
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amended to read as follows:
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8-507C. FORMS. The notice of exemptions, instructions to debtors and
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third parties, and the claim of exemption shall be in a form substantially
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similar to the form hereinafter provided. The forms shall be made available
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written in Spanish, of the availability of these documents in Spanish trans-
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lation shall be set forth on the notice of exemptions.
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IMPORTANT LEGAL NOTICE/NOTICIA LEGAL IMPORTANTE
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YOUR MONEY/PROPERTY BACK SO READ THIS NOTICE CAREFULLY.
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SI SOLAMENTE HABLA ESPANOL PUEDE OBTENER UNA FORMA EN ESPANOL EN EL
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DEPARTAMENTO DEL SHERIFE O EN LA OFICINA DEL ABOGADO.
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The enclosed writ of execution and/or notice of garnishment has directed the
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personal property in order to satisfy a court judgment.
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property. You have FOURTEEN (14) DAYS after the date of mailing or personal
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serving attorney. An exemption from levy entitles you to obtain the release
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of your money and personal property.
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The following is a partial list of money and personal property that may be ex-
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ERNMENTAL BENEFITS SUCH AS SOCIAL SECURITY, SSI, VETERANS, RAILROAD RETIRE-
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MENT, MILITARY, AND WELFARE ARE EXEMPT FROM LEVY IN MOST CASES UNDER FEDERAL
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LAW.
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This list may not be complete and may not include all exemptions that apply
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in your case because of periodic changes in the law. Additionally, some of
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the exemptions may not apply in full or under all circumstances. There may be
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special requirements for child support. You or your attorney should read the
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exemption statutes which apply to you.
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If you believe the money or personal property that is being levied upon is ex-
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empt, you should immediately file a claim of exemption. If you fail to make
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money to the plaintiff judgment creditor, or the property may be sold at an
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execution sale, perhaps at a price substantially below its value, and you may
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have to bring further court action to recover the money and property.
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agent cannot give you legal advice. Therefore, if you have any questions
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concerning your rights in this action, you should consult an attorney as soon
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inc. to inquire if you are eligible for their assistance.
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SOME EXEMPTIONS TO WHICH YOU MAY BE ENTITLED
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Type of Money and Property
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1. Alimony, support, maintenance (money or property)
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2. Appliances (household) ($750 per item, up to $7,500 gross)
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3. Annuity contract payments
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4. Bodily injury and wrongful death awards*
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5. Books (professional) up to $2,500
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6. Burial plots
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7. Child support payments*
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8. Disability or illness benefits*
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9. Furnishings (household) ($750 per item, up to $7,500 gross)
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10. Health aids
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11. Homestead, house, mobile home, and related structures
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12. Jewelry (up to $1,000)
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13. Life insurance benefits payable to spouse or dependent*
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14. Medical and/or hospital benefits
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15. Military retirement and survivor's benefits
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16. Motor vehicle: car, truck, motorcycle with a value of up to $7,000
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per person
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17. Pension: stock bonus, profit sharing annuity, or similar plans
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18. Personal property: ($750 per item, up to $7,500 gross) (furnish-
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ings, appliances, one firearm, animals, musical instruments, books,
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clothes, family portraits and heirlooms)
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19. Public assistance: federal, state, or local including: Aid to
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Aged, Blind and Disabled (AABD); Aid to Families with Dependent Chil-
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dren (AFDC); Aid to Permanently and Totally Disabled (APTD)
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20. Public Employee's Benefits including Federal Civil Service Retire-
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21. Railroad Retirement Benefits
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22. Retirement, pension or profit sharing plan qualified by IRS
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23. Social Security Disability and Retirement Benefits
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24. SSI (Supplemental Security Insurance Benefits)
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25. Tools of trade and implements up to $2,500
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26. Unemployment benefits
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27. Veterans benefits and insurance
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28. Wages or salary:
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Consumer debts primarily for personal or household purposes: ex-
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emption is 30 times the federal minimum wage or 25% of disposable
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income, whichever is greater
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Nonconsumer debts: exemption is 30 times the federal minimum wage
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or 25% of disposable income, whichever is greater
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29. Worker's compensation
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30. An unmatured life insurance contract other than a credit life in-
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surance contract
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31. An aggregate interest, not to exceed $5,000, in any accrued divi-
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dend or interest under, or loan value of, an unmatured life insurance
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contract under which the insured is the individual or a person of whom
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the individual is a dependent
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32. An aggregate interest in any tangible personal property, not to ex-
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ceed the value of $800
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*To the extent reasonably necessary for support of family and if not commin-
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gled with other funds.
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INSTRUCTIONS TO DEFENDANTS AND THIRD PARTIES
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In order to claim an exemption from execution and garnishment under
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holding or known to have an interest in the money and/or personal property,
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must:
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PROPERTY AND TO THE ISSUING COURT USING THE PREADDRESSED
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SERVING ATTORNEY'S AND COURT'S STREET ADDRESSES), WITHIN
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INSTRUCTIONS, NOTICE OF EXEMPTIONS AND FORM FOR FILING A
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CLAIM OF EXEMPTION. IF YOU MAIL A CLAIM OF EXEMPTION, IT MUST
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FOURTEEN (14) DAY PERIOD.
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or judgment creditor within one (1) business day, excluding
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weekends and holidays, that you filed a claim of exemption.
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The judgment creditor has five (5) business days, excluding
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weekends and holidays, after the date notice was provided
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serving attorney, to file a motion with the court contesting
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the claim of exemption.
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attorney that he will not object to the claim of exemption or
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does not file a motion with the court contesting the claim of
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return the money and/or personal property or notify the
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bank or depository institution to release the money and/or
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personal property which has been levied upon.
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CONTESTING THE CLAIM OF EXEMPTION, YOU, THE JUDGMENT DEBTOR
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MOTION AND NOTICE OF HEARING. A HEARING WILL BE HELD WITHIN
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NOT LESS THAN FIVE (5) NOR MORE THAN TWELVE (12) DAYS AFTER
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THE FILING DATE OF THE MOTION. YOU SHOULD BE PREPARED TO
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EXPLAIN THE GROUNDS FOR CLAIMING THE EXEMPTION IN COURT
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ON THE DATE AND TIME SET FOR THE HEARING. YOU SHOULD BRING
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WHATEVER DOCUMENTS YOU HAVE TO SUPPORT YOUR CLAIM.
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5. This is a notice, not legal advice. If you have any questions
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concerning your rights in this action, you should contact
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an attorney as soon as possible. If you are low income and
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cannot afford an attorney you may contact the nearest office
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assist you.
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IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE
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...............,
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Plaintiff(s),
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vs
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...............,
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Defendant(s).
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................
)
)
)
)
)
)
CASE NO.
CLAIM OF EXEMPTION
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I claim an exemption from levy for the following described money and/or
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property:
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a. Money, including money in a bank account, which was paid to me or my
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family as:
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.... Public assistance of any kind
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.... Social security or SSI
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.... Worker's compensation
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.... Unemployment benefits
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.... Child support
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.... Retirement, pension, or profit sharing benefits
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.... Military or veterans benefits
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.... Life insurance or other insurance
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.... Disability, illness, medical or hospital benefits
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.... Alimony, support or maintenance
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.... Annuity contract benefits
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.... Bodily injury or wrongful death awards
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.... Other money (describe) ................................
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.... Wages (Do not check this box until you have first talked
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to your employer to see if he correctly calculated your
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exemption according to the formula under item 28 on
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the form entitled "SOME EXEMPTIONS TO WHICH YOU MAY BE
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ENTITLED." Then check this box only if you believe your
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employer's calculation is incorrect.)
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b. Property:
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.... Professional books
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.... Burial plots
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.... Health aids
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.... Homestead, house, mobile home and related structures
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.... Jewelry
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.... Car, truck or motorcycle
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.... Tools and implements
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.... Appliances, furnishings, firearms, animals, musical
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instruments, books, clothes, family portraits and
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heirlooms
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.... Other property (describe)
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...............
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Defendant or
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Representative
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amended to read as follows:
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8-507D. DOCUMENTS TO BE PROVIDED BY PLAINTIFF JUDGMENT CREDITOR --
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COMPUTATION. With respect to any attachment, garnishment or execution, the
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with sufficient copies of the writ and other documents required to be served
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for service on the defendant and each additional party identified in the
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plaintiff's judgment creditor's written directions and shall provide an
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envelope addressed to each person required to be served. If the documents
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torney or serving attorney's employee or agent shall not delay service for
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lack of sufficient copies or postage and shall make any additional copies
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may charge the plaintiff judgment creditor for the actual costs of any addi-
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tional copies and postage required, which costs shall be in addition to the
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Personal service shall be accomplished in the same manner provided for
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ney or serving attorney's employee or agent shall have the option of accom-
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of such service by the garnishee. Unless otherwise provided to the contrary,
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the date of mailing and the date of service shall be the date when the gar-
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nishee signs the return receipt for the certified mail or the date the gar-
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nishee sends its facsimile acknowledgment of service. In computing any pe-
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riod of time within which an act is to be accomplished, the day of the act af-
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ter which the designated period of time begins to run is not to be included.
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The last day of the period so computed is to be included, unless it falls on
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a weekend or legal holiday, in which event the period runs until the close of
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business of the first business day after the weekend or holiday, except that
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this provision shall not extend the time within which hearing on a motion to
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contest a claim of exemption or third party claim must be set as provided in
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or agent shall not be required to investigate or assure the accuracy and com-
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pleteness of the addresses of the parties to be served or any other informa-
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tion provided by the plaintiff judgment creditor.
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amended to read as follows:
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8-508. LIABILITY OF GARNISHEE. All persons having in their possession
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or under their control, any credits or other personal property belonging to
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the defendant, at the time of service upon them of a copy of the writ and no-
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tice, as provided in the last two (2) sections, shall be, unless such prop-
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or to the serving attorney, liable to the plaintiff judgment creditor for
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the amount of such credits, property, or debts, until the attachment be dis-
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charged or any judgment recovered by him be satisfied.
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amended to read as follows:
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8-509. EXAMINATION OF GARNISHEE. (a) Any person owing debts to the de-
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fendant, or having in his possession or under his control, any credits or
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other personal property belonging to the defendant, may be required to at-
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tend before the court or judge, or a referee appointed by the court or judge,
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and be examined on oath respecting the same. If the garnishee be a corpora-
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tion the officer or agent thereof having knowledge of the fact sought to be
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established may be required to attend and give evidence thereof. The defen-
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dant may also be required to attend for the purpose of giving information re-
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specting his property and may be examined on oath. The court or judge may,
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after such examination, order personal property capable of manual delivery
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to any liens or claims against the same, and a memorandum to be given of all
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other personal property, containing the amount and description thereof.
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(b) When the garnishee is the employer of the judgment debtor, the judg-
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ment creditor, upon application to the court, shall have issued by the clerk
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of court, a continuing garnishment directing the employer-garnishee to pay
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the judgment debtor as may come due to said judgment debtor as a result of the
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judgment debtor's employment. This continuing garnishment shall continue
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in force and effect until the judgment is satisfied. The creditor shall be
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solely responsible for insuring that the amounts garnished do not exceed the
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amount due on the judgment. If additional garnishments are issued during
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the term of a continuing garnishment and the continuing garnishment is the
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ditional garnishments cannot be served until the continuing garnishment is
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satisfied, or until the amount taken by the continuing garnishment is less
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than the maximum allowed; additional garnishments issued during the term of
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a continuing garnishment must be served in the order in which presented.
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amended to read as follows:
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8-510. NOTICE OF GARNISHMENT -- DISCHARGE OF GARNISHEE. Any person
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who has been served with a copy of the writ and notice as provided in sec-
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Code, shall be deemed a garnishee, and service of copy of writ and the notice
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therein provided for, shall, for the purpose of sections 8-510-- through
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person shall have been served with notice of garnishment as herein defined,
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the serving attorney all debts owing by him to the defendant, or a portion
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thereof sufficient to discharge the claim of the plaintiff judgment credi-
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tor, or any or all money of the defendant in his hands to a similar amount,
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which shall discharge such person from any and all liability to the extent of
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attorney subject to the orders of the court out of which the writ issued.
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amended to read as follows:
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constable, serving attorney or other officer charged with the collection of
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money shall, prior to the return day of the execution upon which the same may
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lector or municipal corporation or any officer thereof, nor administrator or
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executor of any estate, prior to the allowance of a demand found to be due by
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his estate, or prior to an order of distribution or for the payment of debts
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and legacies, be liable in their official capacities as garnishee.
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amended to read as follows:
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11-102. FORM OF WRIT. The writ of execution must shall be issued in the
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name of the people, sealed with the seal of the court, and subscribed by the
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may be directed to a serving attorney, and it must shall intelligently re-
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is filed, and if it be for money, the amount thereof, and the amount actually
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due thereon, and if made payable in a specified kind of money, or currency,
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the execution must shall also state the kind of money or currency in which the
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substantially as follows:
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(1) If it be against the property of the judgment debtor, it must shall
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sonal property of such debtor, and if sufficient personal property cannot
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be found, then out of his real property; or if the judgment be a lien upon
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real property, then out of the real property belonging to him on the day when
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the judgment was docketed, or at any time thereafter; or if the execution be
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on the day when the transcript of the docket was filed in the office of the
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(2) If it be against real or personal property in the hands of the per-
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sonal representatives, heirs, devisees, legatees, tenants, or trustees, it
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such property.
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(3) If it be against the person of the judgment debtor, it must shall
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to law.
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(4) If it be issued on a judgment made payable in a specified kind of
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to satisfy the same in the kind of money or currency in which the judgment is
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in any other kind of money or currency; and in case of levy and sale of prop-
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erty of the judgment debtor, he must shall refuse payment from any purchaser
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at such sale in any other kind of money or currency than that specified in the
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the manner required by this chapter, must shall pay to the plaintiff judgment
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creditor or party entitled to recover the same, the same kind of money or cur-
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rency received by him, and in case of neglect or refusal so to do, he shall be
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liable on his official bond to the judgment creditor in three (3) times the
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amount of the money so collected.
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(5) If it be for the delivery of the possession of real or personal
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same, describing it, to the party entitled thereto, and may at the same time
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ered by the same judgment, out of the personal property of the person against
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whom it was rendered, and the value of the property for which the judgment
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was rendered, to be specified therein, if a delivery thereof cannot be had;
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and if sufficient personal property cannot be found, then out of the real
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property, as provided in subsection (1) of this section.
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amended to read as follows:
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11-103. TIME WHEN RETURNABLE -- RECORD IN EXECUTION BOOK -- CONTINU-
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subsection (b) of this section, the execution may be made returnable at any
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time not less than ten (10) nor more than sixty (60) days after its receipt by
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filed. When the execution is returned, the clerk must attach it to the judg-
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ment roll. If any real estate be levied upon, the clerk must record the ex-
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ecution and the return thereto at large, and certify the same under his hand
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as true copies in a book to be called the "execution book," which book must
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be indexed with the names of the plaintiffs and defendants in execution al-
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phabetically arranged, and kept open at all times during office hours for the
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inspection of the public without charge. It is evidence of the contents of
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the originals whenever they, or any part thereof, may be destroyed, muti-
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lated or lost.
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(b) Where an execution or garnishment against earnings or unemployment
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benefits for a delinquent child support obligation is served upon any person
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ment debtor, the execution and the garnishment shall operate continuously
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empt portion of earnings or unemployment benefits at each succeeding earn-
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ings or unemployment benefits disbursement interval until released by the
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or until the judgment for child support debt, in the dollar amount specif-
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ically set forth on the writ of execution and subject to garnishment as of
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the date the writ of execution is issued, is discharged or satisfied in full;
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provided, however, that interim returns on such continuous execution or gar-
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to exceed fourteen (14) days, whenever the amount collected in the fourteen
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(14) day period is at least equal to fifty dollars ($50.00), but in any event,
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or by the serving attorney at intervals not to exceed thirty (30) days. The
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proportion of earnings subject to garnishment as compared to total avail-
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able earnings or unemployment benefits shall be limited to the percentage
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restrictions on garnishment of wages for child support as provided in sec-
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TIME. Where the execution is against the property of the judgment debtor it
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the execution is for a bank garnishment or other money garnishment it shall
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amended to read as follows:
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defendant or the defendant's representative that property, as provided in
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party that property levied upon is his property or that he has a security
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interest therein. The defendant or the defendant's representative shall
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Code. A third party claimant shall prepare a written claim setting forth the
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grounds upon which he claims the property, and in the case of a secured party,
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also stating the dollar amount of the claim. A claim of exemption or third
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party claim may be filed only if property has been levied upon.
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(a1) The claim of exemption or third party claim shall be delivered or
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or mails the documents required to be served upon the defendant and third
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period. In computing the fourteen (14) day period, intervening weekends and
33
legal holidays shall be counted, but if the last day of the period falls on a
34
weekend or legal holiday, the period shall be deemed to run until the close of
35
business of the first business day following the weekend or holiday.
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serving attorney shall deliver or mail a copy thereof to the plaintiff
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judgment creditor or other person in whose favor the writ of execution runs.
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telephone but must also mail a copy of the claim within one (1) business day
41
as herein provided.
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(b2) The plaintiff judgment creditor or other person in whose favor the
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writ of execution runs shall have five (5) business days after the date a copy
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45
within which to file a motion with the court stating the grounds upon which
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he contests the claim of exemption or third party claim. When the motion is
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filed, the plaintiff judgment creditor shall lodge with the court a copy of
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the claim to which the motion pertains. Hearing on the motion shall be set
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for a date within not less than five (5) nor more than twelve (12) days af-
14
1
ter the filing date of the motion and may be continued only at the request of
2
the defendant. A copy of the motion and notice of hearing shall be delivered
3
or mailed to the defendant or third party claimant on the date the motion is
4
filed. The prevailing party at the hearing may be awarded costs pursuant to
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6
Within the period for filing a motion to contest, the moving party shall
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8
Such notification may be by telephone but a copy of the motion and notice of
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10
torney within the filing period herein prescribed.
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plaintiff judgment creditor or sell the property levied upon, except if per-
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ishable as provided by law, until the period for filing a claim has elapsed.
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15
not filed with him within that period and unless otherwise ordered by the
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court, shall, after such period has elapsed, proceed to sell or deliver the
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property levied upon to the plaintiff judgment creditor or other person in
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19
serving attorney of the filing of a claim, the plaintiff judgment creditor or
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serving attorney that the claim will be uncontested or fails to notify the
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attorney shall release the claimed property to the defendant or his agent.
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(d4) If a plaintiff judgment creditor or other person in whose favor
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the execution runs has failed to contest a claim of exemption within the time
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allowed by this section or if property has been determined by a court to be
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exempt, and the plaintiff judgment creditor or other person in whose favor
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the execution runs thereafter levies upon or otherwise seeks to apply the
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property toward the satisfaction of the same money judgment, the plaintiff
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judgment creditor or other person in whose favor the execution runs is not
32
entitled to recover the subsequent costs of collection unless the property
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is applied to satisfaction of the judgment.
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(e5) If a security agreement to the third party claimant is in default,
35
rendering said claimant the legal right to possession, the claimant may
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37
the defendant-debtor, or his agent; or, in lieu of said affidavit of re-
38
lease, the third party claimant may file an affidavit setting forth the
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defendant-debtor's default and claiming possession under default and a hold
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dant-debtor in double the actual value of the property as stated in said
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44
shall release said property to the third party claimant, taking receipt
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therefor; these proceedings to be reported to the court by the sheriff's
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return in the action.
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(f6) Nothing in this section shall be construed to prevent the defen-
48
dant from pursuing his common law remedies.
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(g7) Personal service shall be accomplished in the same manner provided
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15
1
shall be by first class mail. The date when an item is deposited in the United
2
States mails shall constitute the date of mailing. In computing any period
3
of time prescribed in this section, the day of the act or event after which
4
the designated period of time begins to run is not to be included.
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6
amended to read as follows:
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8
the term:
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(1.) "Earnings" means compensation paid or payable for personal
10
services, whether denominated as wages, salary, commission, bonus, or oth-
11
erwise, and includes periodic payments pursuant to a pension or retirement
12
program.
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(2.) "Disposable earnings" means that part of the earnings of any indi-
14
vidual remaining after the deduction from those earnings of any amounts re-
15
quired by law to be withheld.
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(3.) "Employee or agent" means a person who is employed or directly su-
17
pervised by a serving attorney who possesses the authority to control the de-
18
tails of the activities to be performed by the employee or agent on behalf
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of the serving attorney, including how such activities will be performed and
20
whether such activities will continue or cease.
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(4) "Garnishment" means any legal or equitable procedure through which
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the earnings of any individual are required to be withheld for payment of any
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debt.
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(5) "Serving attorney" means an attorney who is an active member of the
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27
amended to read as follows:
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against the property of the judgment debtor by levying on a sufficient amount
30
of property if there be sufficient; collecting or selling the things in ac-
31
tion, and selling the other property, and paying to the plaintiff judgment
32
creditor or his attorney so much of the proceeds as will satisfy the judg-
33
ment. Any excess in the proceeds over the judgment and accruing costs must be
34
returned to the judgment debtor unless otherwise directed by the judgment or
35
order of the court. When there is more property of the judgment debtor than
36
is sufficient to satisfy the judgment and accruing costs within the view of
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38
debtor may indicate, if the property indicated be amply sufficient to sat-
39
isfy the judgment and costs.
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apply to a levy upon personal property.
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1
31-3203A. SERVING ATTORNEY GARNISHMENT FEES. A serving attorney,
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3
services, provided that such fees shall not exceed the fees charged by the
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5
fees, a serving attorney may charge a commission for receiving and paying
6
over money on execution equal to one and one-half percent (1 1/2%) on the
7
first one thousand dollars ($1,000), and one-half percent (1/2%) on all
8
sums over such amount, but not to exceed seventy-five dollars ($75.00) in
9
any case. Such fees for the levy of an execution and percentage for making
10
or collecting the money on execution shall be collected from the judgment
11
debtor as an additional amount added to the writ of execution.