The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 284 Reengrossed 2022 Regular Session Foil
Present law requires the judgment creditor to send the judgment debtor written notice of the filing
of the garnishment petition by mail or electronically, and that the notice has no effect on the validity
of the seizure. Proposed law deletes present law.
Present law requires the garnishee to file his sworn answers to the interrogatories within 15 days
from the date service is made. Proposed law increases the time to answer from 15 days to 30 days
from the date of service.
Present law requires the contradictory motion to be filed within 15 days after service of the notice
of the filing of the garnishee's answer. Proposed law increases this filing period from 15 to 30 days.
Present law references contradictory motion pursuant to Art. 2413 which allows the judgment
creditor to proceed by contradictory motion against the garnishee for the amount of the unpaid
judgment plus interest and costs if the garnishee fails to answer the petition within 15 days of being
served. Proposed law deletes this reference.
Present law provides that present law does not apply to garnishment of wages, salaries, or
commissions. Proposed law adds tips reported to the employer to the list of items present law does
not apply to.
Present law provides that judgment can be rendered against the garnishment of wages or salary.
Proposed law retains present law and adds tips reported to the employer and other income to the
types of garnishments that judgment can be rendered against.
Present law provides that the court may reopen a garnishment case upon motion of any party for
evidence affecting the continuance of such judgment. Proposed law specifies that such judgment
referred to is the garnishment judgment.
Proposed law provides that present law shall not affect garnishment judgments rendered pursuant
to a writ of fieri facias.
Effective August 1, 2022.
(Amends C.C.P. Arts. 2412(A) and (D), 2414, and 2415, and R.S. 13:3921(A) and 3923)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill 1. Keeps present law, R.S. 20:32, which prohibits any person engaged in lending money
at more than 10% per year, or any member, officer, agent, or employee of any such
person, from employing garnishment process against any legally exempt salary or
wages of a debtor in an attempt to enforce payment of a debt, and imposes penalties
of not less than sixty days nor more than ninety days imprisonment.
2. Clarifies "tips" as those that are reported to the employer.
3. Removes contractors from the list of wage/salary earners against whom a
garnishment judgment can be rendered.
4. Makes technical changes.
Senate Floor Amendments to engrossed bill
1. Make technical changes.