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2003 SESSION

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HB 2744 Garnishment; service of process on garnishee.

Introduced by: Thomas D. Gear | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Garnishment; service of process on garnishee. Provides that the failure of the judgment creditor to effect service of process in accordance with the requirements of the garnishment statute shall be a defense to any proceedings by the judgment creditor to obtain a judgment against the garnishee for failure to garnish wages or other assets of the judgment debtor that are in the garnishee's possession. The bill provides that such defense may be asserted before or after the court enters judgment against a garnishee, and directs that the 21-day period during which a judgment remains within the breast of the court does not begin until the judgment creditor has served the garnishee with a copy of the judgment. The bill is intended to provide an explicit remedy where the judgment creditor fails to make proper service of process and a responsible representative of the garnishee accordingly does not realize that the garnishment has been instituted until the judgment creditor seeks to collect against the garnishee.


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