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2012 SESSION

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HB 1093 Garnishment; garnishee shall pay money on behalf of judgment debtor directly to judgment creditor.

Introduced by: Charniele L. Herring | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Garnishment.  Provides that the garnishee shall pay any money or other property held on behalf of a judgment debtor directly to the judgment creditor or the judgment creditor's attorney instead of to the court, which is current practice. The judgment creditor or his attorney shall mail a statement to the garnishee and the judgment debtor for each month in which money or other property is paid to the judgment creditor on the judgment debtor's behalf setting forth how much was paid and how it was applied to the debt. The bill also allows the court to fix the return date for the garnishment summons. Currently, the summons is returnable within 90 days or 180 days in the case of a wage garnishment. The bill also provides that subsequent garnishments based on the same judgment are considered to be a continuation of the original garnishment proceeding and not a new action.


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