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S.F. No. 1706 - Wage garnishment modifications
 
Author: Senator Karin Housley
 
Prepared By: Priyanka Premo, Senate Counsel (651/296-3914)
 
Date: March 13, 2019



 

This bill makes changes to wage garnishment proceedings under chapter 571.

Sections 1-6, and section 8 extend the period during which court-ordered wage garnishment may continue from 70 days to 90 days. Specifically:

  • Section 1 amends a provision governing the content of a garnishment summons.
  • Section 2 requires creditors to amend their forms to reflect the new 90-day period of effectiveness.
  • Section 3 states that unpaid nonexempt disposable earnings owed attach 90 days after the date of service of the garnishment summons.
  • Section 4 makes conforming changes to a statutory form for creditors to use as a summons for garnishment and notice to the debtor.
  • Section 5 requires a garnishee to serve the disclosure and earnings disclosure worksheet within ten days of the last payday within the 90 days after the date of service of the garnishment summons.
  • Section 6 makes conforming changes to a statutory form titled “Earnings Disclosure Form and Worksheet.”
  • Section 8 provides that garnishments cease to be effective 90 days after the date of service of the garnishment summons.

Section 7 authorizes a debtor to potentially retain the greater of 40 times the state minimum wage or federal minimum wage.

 

 
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