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1998 SESSION

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HB 1303 Garnishments.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles

SUMMARY:

Garnishments. Prescribes a separate, required form for garnishments of wages. In the case of wage garnishments, interest is to be calculated to a date certain, not the return date of the summons as under current law.

The bill also allows service upon officers, registered agents or persons designated in a written notarized instrument. Service may be had upon the clerk of the State Corporation Commission only after the judgment creditor files with the court a certificate that due diligence failed to locate an officer or persons authorized in the written instrument or if the corporation does not have a registered agent or the agent could not be found at the registered office. A 1997 amendment limited service of such process upon the registered agent. This amendment is subject to an emergency clause.


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