425.506 Attachment or garnishment of earnings -- Priority -- Order.

286 words·~1 min read·/ky/chapter-425/425-506

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)An order of garnishment of earnings, as defined in KRS 427.005, shall create a lien

on all nonexempt earnings earned during the pay period in which the order is served

on the employer and during those succeeding pay periods which may be designated

by the order.

(2)Orders of attachment or garnishment of earnings shall have priority according to the

date of service on the employer, each inferior order taking effect as if served at the

commencement of the next succeeding pay period not subject to a prior order;

provided that no creditor shall cause two

(2)orders to be served on the employer

against the same employee in the same pay period.

(3)The order shall be served on the employer in triplicate and shall have printed

thereon an explanation of subsections

(1)and

(2)of this section, the percentage of

the disposable earnings, as defined in KRS 427.005, exempted from the order by

subsection

(2)of KRS 427.010, and the percentage to be forwarded to the court.

(4)The order shall have printed thereon the following directions to the employer:

(a)That a copy of the order shall be delivered to the employee, a copy retained by

the employer for his records, and a copy returned by the employer to the court.

(b)That on the reverse side of the court copy shall be stated, under oath by the

employer, the gross amount of earnings and the nonexempt amount of

disposable earnings for the designated pay periods subject to the order. If no

funds are due, the reasons therefor shall be given.

(c)That the court copy of the order and the nonexempt amount of disposable

earnings shall be forwarded to the court.