2015 -- H 5232

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- ATTACHMENT

     

     Introduced By: Representatives Ucci, and Winfield

     Date Introduced: January 29, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 10-5-8 of the General Laws in Chapter 10-5 entitled "Attachment"

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is hereby amended to read as follows:

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     10-5-8. Garnishment of wages restricted to amounts not exempt -- Child support to

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have priority. -- (a) Any writ of attachment, served as a writ of garnishment for the attachment

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of the personal estate of the defendant in the hand and possession of any employer of the

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defendant, shall be effective to attach so much only of such personal estate consisting of the

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salary or wages due and payable to the defendant, or to become in the future due and payable to

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the defendant, as is in excess of the amount of the defendant's salary or wages exempt by law

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from attachment. And the garnishee, being the defendant's employer, shall be required to make

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affidavit and shall be held liable for the defendant's personal estate consisting of the salary or

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wages due and payable to the defendant or to become in the future due and payable to the

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defendant only in respect of the excess amount exempt from attachment. Any writ of garnishment

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served under the provisions of this section shall state the judgment amount, and the employer

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shall withhold sums not exempt by law until the amount of withholding equals the amount of the

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judgment. The employer shall be entitled to the sum of five dollars ($5.00), payable directly from

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the employee to the employer, for each writ of garnishment served upon the employer regarding

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any employee.

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      (b) Subject to any federal or state law to the contrary, any garnishment of wages for child

 

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support issued pursuant to § 15-5-25, and any wage assignment pursuant to § 15-5-24, or chapter

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16 of title 15 shall take priority over any garnishment issued in accordance with this section. This

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priority shall occur whether or not the garnishment or assignment pursuant to § 15-5-24 or 15-5-

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25 or chapter 16 of title 15 occurs before or after any garnishment pursuant to this section. No

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apportionment of any other garnishment including those for any tax shall occur until all of the

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child support payment is satisfied in full. In addition, consistent with federal and state law, the

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state court system may develop a system for the collection of court imposed or assessed fines,

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costs, fees or other assessments, including restitution, through wage assignment procedures.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- ATTACHMENT

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     This act would provide that child support garnishment be paid first before any other

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garnishment including a garnishment for the payment of taxes.

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     This act would take effect upon passage.

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