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.
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.