Bill Summary for H 30 (2011-2012)

Summary date: 

May 23 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 30 (Public) Filed Wednesday, February 2, 2011
TO AUTHORIZE THE GARNISHMENT OF WAGES AS AN ADDITIONAL MEANS OF SATISFYING JUDGMENTS IN CIVIL ACTIONS.
Intro. by Moore.

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Bill summary

House committee substitute makes the following changes to 2nd edition.
Amends proposed GS 75-16.3 as follows. Sets the filing fee for a motion requesting garnishment under this proposed statute at the same rate as the filing fee for other supplemental motions (was, set the filing fee for a motion for garnishment at $20) as set out in GS 7A-308(a)(2) (currently, $30). Directs that a copy of the order of garnishment be personally served on the judgment debtor and the garnishee using any method authorized under GS 1A-1, Rule 4(j) (was, service on the judgment debtor and the garnishee either personally or by certified or registered mail, return receipt requested).
Requires the garnishee, upon receiving a garnishment order and beginning with the judgment debtor's next pay period starting after the receipt of the notice of garnishment, to withhold the amount in the garnishment order and transmit that amount to the judgment creditor at the address specified in the order (was, directed the garnishee to transmit the amount ordered by the garnishment order to the clerk of court who was to disburse the amount to the judgment creditor). Directs the judgment creditor to deliver a written notice to the garnishee that the garnishment order is satisfied within five business days following satisfaction of the judgment.
Clarifies that a judgment creditor must not notify the clerk of superior court of each individual payment received under the garnishment order; however, does require the judgment creditor to notify the clerk within 60 days of receipt of payment in full and satisfaction of the judgment. Provides that a judgment creditor who does not file the required notice within 30 days of a written demand by the judgment debtor may be required to pay a civil penalty of $100 in addition to attorneys' fees and any loss caused to the judgment debtor by the failure to file the notice.

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