§ 5-5-106 — Limitation on garnishment - definitions

(1) For the purposes of
this part 1:

(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.

(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) (a) The maximum part of the aggregate disposable earnings of an
individual for any workweek that is subjected to garnishment to enforce payment of
a judgment arising from a consumer credit transaction may not exceed the lesser
of:

(I) Twenty-five percent of the individual's disposable earnings for that week;
or

(II) The amount by which the individual's disposable earnings for that week
exceed thirty times the federal minimum hourly wage prescribed by section 206
(a)(1) of the Fair Labor Standards Act of 1938, 29 U.S.C. sec. 201 et seq., in effect
at the time the earnings are payable; or

(III) The amount by which the individual's disposable earnings for that week
exceed thirty times the state minimum hourly wage pursuant to section 15 of article
XVIII of the state constitution in effect at the time the earnings are payable.

(b) In the case of earnings for a pay period other than a week, the
administrator may prescribe by rule a multiple of the federal minimum hourly wage
or the state minimum hourly wage, equivalent in effect to that set forth in
subparagraphs (II) or (III) of paragraph (a) of this subsection (2).

(3) No court may make, execute, or enforce an order or process in violation
of this section.

(4) It shall not be necessary for any individual to claim the exemptions for
that portion of the aggregate disposable earnings that are not subject to
garnishment as set forth in subsection (2) of this section, and such exemption from
garnishment shall be self-executing in any garnishment procedure.

(5) This section does not repeal, alter, or affect other statutes of this state
prohibiting garnishments or providing for larger exemptions from garnishments
than are allowed under this section.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1234, � 1, effective July 1. L. 2007: (2) amended, p. 878, � 6, effective July 1.