H.B. 268

1

GARNISHMENT FEES
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steven R. Mascaro
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill increases the allowable fees an employer may receive for processing
10 garnishments for employees.
11 Highlighted Provisions:
12 This bill:
13 . increases the fee for a single garnishment from $10 to $25;
14 . increases the initial fee for a continuing garnishment from $25 to $35;
15 . allows the employer to charge the employee a processing fee each time an amount
16 must be deducted from the employee's wages; and
17 . exempts income withholding for the collection of child support.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 78-7-44, as renumbered and amended by Chapter 46, Laws of Utah 2001
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78-7-44 is amended to read:

28 78-7-44. Fees for writ of garnishment -- Single or continuing.
29 (1) Any creditor who serves or causes to be served a writ of garnishment upon the
30 garnishee shall pay to the garnishee:
31 (a) [$10] $25 for a single garnishment; [and] or
32 (b) [$25] $35 for a continuing garnishment.
33 (2) The creditor shall pay the fee directly to the garnishee.
34 (3) An employer may deduct a processing fee of up to $10 from an employee each time
35 a payment is made to a creditor pursuant to a continuing garnishment, not to exceed a total
36 amount of $20 per month. This processing fee shall be included in the nonexempt amount
37 subject to garnishment.
38 (4) Subsection (3) does not apply to income withholding for the collection of child
39 support pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Part
40 5, Income Withholding in Non IV-D Cases.




Legislative Review Note
as of 1-4-06 2:10 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