This bill makes changes to wage garnishment proceedings under chapter 571.
Sections 1-6, and section 8 extend the period during which court-ordered wage garnishment may continue from 70 days to 90 days. Specifically:
- Section 1 amends a provision governing the content of a garnishment summons.
- Section 2 requires creditors to amend their forms to reflect the new 90-day period of effectiveness.
- Section 3 states that unpaid nonexempt disposable earnings owed attach 90 days after the date of service of the garnishment summons.
- Section 4 makes conforming changes to a statutory form for creditors to use as a summons for garnishment and notice to the debtor.
- Section 5 requires a garnishee to serve the disclosure and earnings disclosure worksheet within ten days of the last payday within the 90 days after the date of service of the garnishment summons.
- Section 6 makes conforming changes to a statutory form titled “Earnings Disclosure Form and Worksheet.”
- Section 8 provides that garnishments cease to be effective 90 days after the date of service of the garnishment summons.
Section 7 authorizes a debtor to potentially retain the greater of 40 times the state minimum wage or federal minimum wage.
Effective date. This bill is effective August 1, 2019, and applies to all earnings garnished on or after that date.
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