HLS 17RS-683 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 126
BY REPRESENTATIVE BACALA
CIVIL/GARNISHMENT: Provides relative to payment of processing fee for certain
garnishment proceedings
1 AN ACT
2To amend and reenact R.S. 13:2590(A)(introductory paragraph) and 3921(A) and to enact
3 R.S. 13:2590(A)(33), relative to garnishments; to provide relative to processing fees
4 prior to payment to a creditor; to provide for justice of the peace fees from the
5 garnishment process; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:2590(A)(introductory paragraph) and 3921(A) are hereby
8amended and reenacted and R.S. 13:2590(A)(33) is hereby enacted to read as follows:
9 §2590. Security for costs; advanced costs deposit
10 A. A justice of the peace may demand and receive up to the following
11 amounts and no others for filings and services in all civil matters:
12 * * *
13 (33) For commission for the processing of a garnishment proceeding, a six
14 percent fee of whatever sum for which judgment may be obtained.
15 * * *
16 §3921. Judgment fixing portion subject to seizure, payment to creditor and
17 processing fee
18 A. In every case in which the wage or salary of a laborer, wage earner,
19 artisan, mechanic, engineer, fireman, carpenter, bricklayer, secretary, bookkeeper,
20 clerk, employee on a commission basis, or employee of any nature and kind
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-683 ORIGINAL
HB NO. 126
1 whatever, whether skilled or unskilled, shall be garnished either under attachment
2 or fieri facias or as otherwise provided by law, a judgment shall be rendered by the
3 court of competent jurisdiction in which the garnishment proceedings may be
4 pending fixing the portion of such wage, salary, commission, or other compensation
5 as may be exempt, as provided by law, and providing for the payment to the sheriff,
6 marshal, constable, or justice of the peace for processing prior to payment to the
7 seizing creditor of whatever sum for which judgment may be obtained, out of the
8 portion of such compensation which is not exempt.
9 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 126 Original 2017 Regular Session Bacala
Abstract: Requires that the payments from a judgment garnishing wages be processed first
by the sheriff, marshal, constable, or justice of the peace before going to the creditor
and allows the justice of the peace to collect a six percent processing fee.
Present law requires that in specific garnishment proceedings, a judgment shall be rendered
which provides for payment to seizing creditors.
Proposed law allows the justice of the peace to receive a six percent processing fee in certain
cases involving the garnishment of wages.
Proposed law amends present law to require that the sheriff, marshal, constable, or justice
of the peace first receive the payment from certain garnishment proceedings for processing
before the payment is made to the seizing creditor.
(Amends R.S. 13:2590(A)(intro. para.) and 3921(A); Adds R.S. 13:2590(A)(33))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.