SENATE BILL REPORT

                   HB 2463

              As Reported By Senate Committee On:

               Law & Justice, February 25, 1998

 

Title:  An act relating to processing fees for writs of garnishments that are not writs for continuing lien on earnings.

 

Brief Description:  Prescribing garnishee's processing fees.

 

Sponsors:  Representatives Sheahan, Costa and Mulliken.

 

Brief History:

Committee Activity:  Law & Justice:  2/23/98, 2/25/98 [DP].

 

SENATE COMMITTEE ON LAW & JUSTICE

 

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Hargrove, Kline, Long, Thibaudeau and Zarelli.

 

Staff:  Aldo Melchiori (786-7439)

 

Background:  The clerks of the superior and district courts may issue writs of garnishment returnable to the courts for the benefit of a judgment creditor who has a judgment wholly or partially unsatisfied in the court from which the garnishment is sought.

 

A garnishee may deduct up to a $20 processing fee from the remainder of the debtor's earnings for the first disbursement.  If the garnishment is a continuing lien on earnings, garnishee may also deduct $10 at the time the garnishee submits the second answer.

 

Summary of Bill:  A garnishee of a writ for a continuing lien on earnings may deduct up to a $20 processing fee from the remainder of the debtor's earnings for the first answer, and $10 at the time the garnishee submits the second answer.

 

If the writ is not for a continuing lien on earnings, the garnishee is entitled to a check or money order in the amount of $20 at the time the writ is served.  The required writ forms are amended accordingly to reflect the statutory changes.

 

Appropriation:  None.

 

Fiscal Note:  Not requested.

 

Effective Date:  The bill contains an emergency clause and takes effect immediately.

 

Testimony For:  None.

 

Testimony Against:  None.

 

Testified:  No one.