Bob Wieckowski
- Democratic
Author
The Wage Garnishment Law prescribes the procedure for withholding an employee's earnings for purposes of paying a debt. The law requires that a levy of execution upon the earnings of an employee be made by service of an earnings withholding order upon the employer. An earnings withholding order is issued by a levying officer upon receiving an application submitted by a judgment creditor, as specified. An employer is required, except as otherwise provided by statute, to withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period. This bill would provide that an earnings withholding order shall not be used for purposes of enforcing a judgment for the collection of debt that is from a student loan that is not made, insured, or guaranteed by the United State Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. The bill would require a court to terminate or modify an earnings withholding order issued on or after July 1, 2014, if the court determines, upon a request by the judgment debtor pursuant to specified requirements and procedures, that the withholding order enforces a judgment in violation of these provisions. The bill would provide that a judgment creditor is liable to the judgment debtor for all amounts collected by the judgment creditor in violation of these provisions. The bill also would make conforming changes.
Read third time. Refused passage. (Ayes 13. Noes 17. Page 4953.).
Read second time. Ordered to third reading.
Ordered to second reading.
From inactive file.
Ordered to inactive file at the request of Senator Evans.
Read third time. Refused passage. (Ayes 14. Noes 19. Page 2355.).
Reconsideration granted. (Ayes 38. Noes 0. Page 2355.)
Motion to reconsider made by Senator Evans.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 1.) (June 18).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 23. Page 882.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 7. Noes 2.) (April 2).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 8.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB233 | HTML |
| 02/05/13 - Introduced | |
| 03/21/13 - Amended Assembly | |
| 04/09/13 - Amended Assembly | |
| 06/10/13 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
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