2019 -- H 5823

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LC002106

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR

ACTIONS -- ATTACHMENT

     

     Introduced By: Representatives Ucci, Morin, Vella-Wilkinson, Williams, and Diaz

     Date Introduced: March 08, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 10-5-8 of the General Laws in Chapter 10-5 entitled "Attachment"

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is hereby amended to read as follows:

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     10-5-8. Garnishment of wages restricted to amounts not exempt -- Child support to

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have priority.

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     (a) Any writ of attachment, served as a writ of garnishment for the attachment of the

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personal estate of the defendant in the hand and possession of any employer of the defendant,

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shall be effective to attach so much only of such personal estate consisting of the salary or wages

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due and payable to the defendant, or to become in the future due and payable to the defendant, as

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is in excess of the amount of the defendant's salary or wages exempt by law from attachment.

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And the garnishee, being the defendant's employer, shall be required to make affidavit and shall

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be held liable for the defendant's personal estate consisting of the salary or wages due and

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payable to the defendant or to become in the future due and payable to the defendant only in

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respect of the excess amount exempt from attachment. Any writ of garnishment served under the

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provisions of this section shall state the judgment amount, and the employer shall withhold sums

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not exempt by law until the amount of withholding equals the amount of the judgment. The

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employer shall be entitled to the sum of five dollars ($5.00), payable directly from the employee

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to the employer, for each writ of garnishment served upon the employer regarding any employee.

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     (b) Subject to any federal or state law to the contrary, any garnishment of wages for child

 

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support issued pursuant to § 15-5-25, and any wage assignment pursuant to § 15-5-24, or chapter

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16 of title 15 shall take priority over any garnishment issued in accordance with this section. This

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priority shall occur whether or not the garnishment or assignment pursuant to § 15-5-24 or 15-5-

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25 or chapter 16 of title 15 occurs before or after any garnishment pursuant to this section. No

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apportionment of any other garnishment including those for any tax shall occur until all of the

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child support payment is satisfied in full. In addition, consistent with federal and state law, the

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state court system may develop a system for the collection of court imposed or assessed fines,

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costs, fees or other assessments, including restitution, through wage assignment procedures.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR

ACTIONS -- ATTACHMENT

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     This act would provide that child support garnishment be paid first before any other

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garnishment including a garnishment for the payment of taxes.

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     This act would take effect upon passage.

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