RDCSB284 4143 4021
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)]
SB 284 Reengrossed 2022 Regular Session Foil
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 a contradictory motion pursuant to C.C.P. 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 to which
present law does not apply.
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 Aug. 1, 2022.
(Amends C.C.P. Arts. 2412(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
Page 1 of 2 RDCSB284 4143 4021
1. Make technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the reengrossed bill:
1. Remove amendment to present law regarding judgment creditors sending
judgment debtors written notice of the filing of a garnishment petition.
2. Make technical changes.
Page 2 of 2