§14A-5-105. Limitation on garnishment.

229 words·~1 min read·/ok/title-14a-consumer-credit-code/14a-5-105

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

(1)For the purpose of this part

(a)"disposable earnings" means that part of the earnings

of an individual remaining after the deduction from

those earnings of amounts required by law to be

withheld; and

(b)"garnishment" means any legal or equitable procedure

through which the earnings of an individual are

required to be withheld for payment of a debt.

(2)The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment to enforce payment of a judgment arising from a consumer credit sale, consumer lease, or consumer loan may not exceed the lesser of

(a)twenty-five percent (25%) of his disposable earnings

for that week; or

(b)the amount by which his disposable earnings for that

week exceed thirty times the federal minimum hourly

wage prescribed by Section 6(a)

(1)of the Fair Labor

Standards Act of 1938, U.S.C. Title 29, Section 206(a)

(1), in effect at the time the earnings are payable.

in the case of earnings for a pay period other than a

week, the Administrator shall by rule prescribe a

multiple of the federal minimum hourly wage equivalent

in effect to that set forth in paragraph (b).

(3)No court may make, execute, or enforce an order or process in violation of this section. Added by Laws 1969, c. 352, § 5-105, eff. July 1, 1969.