H.B. 163

1

GARNISHMENT FEES
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Steven R. Mascaro
5
6 LONG TITLE
7 General Description:
8 This bill increases the allowable fees an employer may receive for processing
9 garnishments for employees.
10 Highlighted Provisions:
11 This bill:
12 . increases the fee for a single garnishment from $10 to $25;
13 . increases the initial fee for a continuing garnishment from $25 to $35;
14 . allows the employer to charge the employee a processing fee each time an amount
15 must be deducted from the employee's wages; and
16 . exempts income withholding for the collection of child support.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78-7-44, as renumbered and amended by Chapter 46, Laws of Utah 2001
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78-7-44 is amended to read:
27 78-7-44. Fees for writ of garnishment -- Single or continuing.

28 (1) Any creditor who serves or causes to be served a writ of garnishment upon the
29 garnishee shall pay to the garnishee:
30 (a) [$10] $25 for a single garnishment; [and]
31 (b) [$25] $35 for a continuing garnishment.
32 (2) The creditor shall pay the fee directly to the garnishee.
33 (3) An employer may deduct a processing fee of up to $10 from an employee each time
34 a payment is made to a creditor pursuant to a continuing garnishment.
35 (4) Subsection (3) does not apply to income withholding for the collection of child
36 support pursuant to Title 62A, Chapter 11, Parts 4 and 5.




Legislative Review Note
as of 11-27-04 2:28 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel