H.B. 92

1

GARNISHMENT AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jack R. Draxler
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill changes the fees an employer may receive for processing garnishments for
10 employees, and allows a person who is wrongfully served with a writ of garnishment to
11 recover from the plaintiff.
12 Highlighted Provisions:
13 This bill:
14 . shifts the fees paid to an employer from the creditor to the employee;
15 . allows an employer to charge a processing fee for a continuing garnishment not to
16 exceed:
17 . $100 if the employer has 100 employees or less; or
18 . $50 if the employer has more than 100 employees;
19 . makes no change to the current fee amounts for nonemployers;
20 . allows a person wrongfully served with a writ of garnishment to ask the court for
21 redress from the plaintiff in an amount up to $500; and
22 . provides guidelines for the court to determine whether the plaintiff was diligent in
23 determining the identity and location of the judgment debtor.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 78-7-44, as renumbered and amended by Laws of Utah 2001, Chapter 46
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 78-7-44 is amended to read:
34 78-7-44. Fees for writ of garnishment -- Single or continuing.
35 (1) Any creditor who serves or causes to be served a writ of garnishment upon [the] a
36 garnishee shall pay $15 to the garnishee[:].
37 [(a) $10 for a single garnishment; and]
38 [(b) $25 for a continuing garnishment.]
39 [(2) The creditor shall pay the fee directly to the garnishee.]
40 (2) An employer who is served with a garnishment may, after the requirements of Utah
41 Rule of Civil Procedure 64D have been met:
42 (a) for a single garnishment, deduct a processing fee of not more than $10 from the
43 employee at the time the garnishment is satisfied; or
44 (b) for a continuing garnishment, deduct a processing fee subject to the limits in
45 Subsections (3)(a) and (b).
46 (3) An employer who is served with a continuing garnishment may deduct a processing
47 fee of up to $25 each time a payment is made.
48 (a) If the employer has 100 employees or less on the business' payroll, the employer
49 may not collect more than $100 total from the employee under this Subsection (3) for a
50 continuing garnishment from the same creditor.
51 (b) If the employer has 101 or more employees on the business' payroll, the employer
52 may not collect more than $50 total from the employee under this Subsection (3) for a
53 continuing garnishment from the same creditor.
54 (4) The processing fee shall be deducted from the nonexempt amount subject to
55 garnishment.
56 (5) Subsection (3) does not apply to income withholding for the collection of child
57 support pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Part
58 5, Income Withholding in Non IV-D Cases.

59 (6) If a plaintiff attempts to garnish the property of a person other than the defendant by
60 serving a garnishment on a garnishee, that person may recover from the plaintiff an amount not
61 to exceed $500 if the person demonstrates to the court that the plaintiff failed to exercise
62 reasonable diligence in determining that the person and defendant were the same individual.
63 (7) The following factors may be taken into consideration by the court in determining
64 whether the plaintiff exercised reasonable diligence in determining whether the person
65 garnished and the defendant were the same individual:
66 (a) similarities between the person and the actual judgment debtor, including:
67 (i) the spelling of each person's name;
68 (ii) addresses;
69 (iii) physical descriptions;
70 (iv) identifying information, including Social Security number or driver license
71 number; and
72 (v) family status;
73 (b) whether previous contact was made to determine whether the person was the
74 judgment debtor;
75 (c) how the determination of who the judgment debtor was, was made; and
76 (d) what information the plaintiff had access to or was provided with regarding the
77 actual judgment debtor from all available sources.
78 (8) An employer who receives a written request for verification of employment, which
79 includes a copy of the judgment and judgment information statement, shall respond to the
80 request within five days. The response shall indicate whether or not the defendant identified in
81 the documentation is a current employee.
82 (9) A plaintiff is not liable for a violation of Subsection (6) regarding a wage
83 garnishment if the plaintiff transmitted a written request for verification of employment,
84 including a copy of the judgment and judgment information statement, to an employer and the
85 employer did not respond.

Legislative Review Note
as of 12-5-07 9:14 AM

Office of Legislative Research and General Counsel