H.B. 90

1

GARNISHMENT FEES
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Fred R. Hunsaker
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.
11 Highlighted Provisions:
12 This bill:
13 . shifts the fees paid to an employer from the creditor to the employee;
14 . allows an employer to charge a processing fee for a continuing garnishment not to
15 exceed:
16 . $100 if the employer has less than 100 employees; or
17 . $50 if the employer has more than 100 employees; and
18 . makes no change to the current fee amounts for nonemployers.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78-7-44, as renumbered and amended by Chapter 46, Laws of Utah 2001
26
27 Be it enacted by the Legislature of the state of Utah:

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




Legislative Review Note
as of 1-2-07 2:55 PM

Office of Legislative Research and General Counsel