S.B.
129
OFFICE OF STATE DEBT COLLECTION - WRIT OF GARNISHMENT
Senate Floor
Amendments
Amendment 1 February 4, 2013 9:01 AM
Senator Lyle W. Hillyard
proposes the following amendments:
1. Page
1, Lines 1 through 2
:
1
OFFICE OF STATE DEBT COLLECTION -
{
WRIT OF
2
GARNISHMENT
}
ADMINISTRATIVE GARNISHMENT ORDER
2. Page
1, Lines 10 through 11
:
10
This bill authorizes the Office of State Debt Collection to issue
{
a writ of garnishment
}
an
administrative garnishment order
11
for a wage claim debt or criminal restitution debt.
3. Page
1, Lines 14 through 16
:
14
. authorizes the Office of State Debt Collection (the office) to issue
{
a writ of
15
garnishment
}
an administrative garnishment order
for a wage claim debt or criminal restitution
debt;
16
. requires the office to include certain information in the
{
writ
}
order
;
4. Page
2, Lines 31 through 35
:
31
63A-3-507. Administrative
{
writ of
}
garnishment
order
.
32
(1) If a judgment
{
or final administrative order
}
is entered against a debtor, the office
33
may, subject to Subsection (2), issue
{
a writ of garnishment
}
an administrative garnishment
order
against the debtor's personal
34
property and wages in the possession of a third party in the same manner and with the same
35
effect as if the
{
writ were
}
order was a writ of garnishment
issued
{
on a judgment of
a
}
in
district court.
5. Page
2, Lines 36 through 37
:
36
(2) The office may issue the
{
writ of garnishment
}
administrative garnishment order
if:
37
(a) the
{
writ
}
order
is:
6. Page
2, Line 45
:
45
(3)
{
A writ of garnishment
}
An administrative garnishment order
issued in accordance
with this section is subject to the
7. Page
2, Line 48
:
48
(4) An administrative
{
writ of
}
garnishment
order
issued by the office shall:
8. Page
4, Lines 103 through 105
:
103
(7) A person is not liable as a garnishee for drawing, accepting, making, or endorsing a
104
negotiable instrument if the instrument is not in the possession or control of the garnishee at
105
the time of service of the
{
writ of
}
administrative
garnishment
order
.
9. Page
4, Lines 113 through 114
:
113
(i) is not required to apply the property to the debt when the office issues the
{
writ of
114
garnishment
}
administrative garnishment order
; and
10. Page
4, Lines 117 through 118
:
117
(b) Notwithstanding Subsection (10)(a)(i):
118
(i) the
{
writ of garnishment
}
administrative garnishment order
remains in effect; and
11. Page
5, Line 126
:
126
(11) (a) The office may issue a
{
writ of
}
continuing garnishment
order
against a nonexempt
12. Page
5, Line 132
:
132
(c) A
{
writ of
}
continuing garnishment
order
issued in accordance with this section applies to
13. Page
5, Lines 136 through 138
:
136
(ii) the judgment
{
or administrative order
}
upon which the
{
writ of
garnishment
}
administrative garnishment order
is issued
137
is stayed, vacated, or satisfied in full; or
138
(iii) the office releases the
{
writ
}
order
.
14. Page
5, Lines 145 through 146
:
145
(e) If the office issues a
{
writ of
}
continuing garnishment
order
during the term of
{
another
}
a
writ
146
of continuing garnishment
issued by the district court
, the
{
writ
}
order
issued by the office:
15. Page
5, Line 151
:
151
disposable earnings described in Subsection (12) and the amount being garnished by
{
the other
}
an
existing
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