HLS 17RS-683 REENGROSSED
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), (B), and (C) and 3921(A)
3 and to enact R.S. 13:2590(D), relative to collection of costs or fees; to provide
4 relative to processing fees prior to payment to a creditor; to provide relative to fees
5 collected by constables of justice of the peace courts; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 13:2590(A)(introductory paragraph), (B), and (C) and 3921(A) are
9hereby amended and reenacted and R.S. 13:2590(D) is hereby enacted to read as follows:
10 §2590. Security for costs; advanced costs deposit
11 A. A justice of the peace may demand and receive up to the following
12 amounts and no others for filings and services in all civil matters:
13 * * *
14 B. The constable of a justice of the peace court shall be entitled to a fee of six
15 percent for collecting money for execution of a writ of fieri facias, without either
16 seizure or sale.
17 B C. Fifty percent of each fee and deposit collected pursuant to Subsection
18 A of this Section shall be retained by the justice of the peace for fees and operational
19 expenses of the office and court, and fifty percent of the fees and deposits shall be
20 used for fees and operational expenses of the ward constable's office.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-683 REENGROSSED
HB NO. 126
1 C D. Except when the plaintiff is relieved from the necessity of paying costs
2 or furnishing security therefor, under Articles 5181 through 5188 of the Code of
3 Civil Procedure Articles 5181 through 5188 or under R.S. 13:4521, a justice of the
4 peace may demand that the plaintiff provide costs in advance.
5 * * *
6 §3921. Judgment fixing portion subject to seizure, payment to creditor and
7 processing fee
8 A. In every case in which the wage or salary of a laborer, wage earner,
9 artisan, mechanic, engineer, fireman, carpenter, bricklayer, secretary, bookkeeper,
10 clerk, employee on a commission basis, or employee of any nature and kind
11 whatever, whether skilled or unskilled, shall be garnished either under attachment
12 or fieri facias or as otherwise provided by law, a judgment shall be rendered by the
13 court of competent jurisdiction in which the garnishment proceedings may be
14 pending fixing the portion of such wage, salary, commission, or other compensation
15 as may be exempt, as provided by law, and providing for the payment to the sheriff,
16 marshal, or constable for processing prior to payment to the seizing creditor of
17 whatever sum for which judgment may be obtained, out of the portion of such
18 compensation which is not exempt.
19 * * *
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 Reengrossed 2017 Regular Session Bacala
Abstract: Requires that the payments from a judgment garnishing wages be processed first
by the sheriff, marshal, or constable before going to the creditor and allows the
constable of a justice of the peace to collect a 6% fee for collecting money for
execution of a writ of fieri facias.
Present law requires that in specific garnishment proceedings, a judgment shall be rendered
which provides for payment to seizing creditors.
Proposed law allows the constable of a justice of the peace to receive a 6% fee for collecting
money for execution of a writ of fieri facias, without either seizure or sale.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-683 REENGROSSED
HB NO. 126
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.), (B), and (C) and 3921(A); Adds R.S. 13:2590(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Remove provision allowing a justice of the peace to collect a 6% commission for
processing of a garnishment proceeding.
2. Add a provision allowing the constable of a justice of the peace to receive a 6%
fee for collecting money for execution of a writ of fieri facias, without either
seizure or sale.
3. Remove the language allowing a justice of the peace to be paid a fee prior to
payment to the seizing creditor.
4. Make technical amendments.
The House Floor Amendments to the engrossed bill:
1. Make technical amendments to provide for consistency.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.