§ 13:3921 — Judgment fixing portion subject to seizure; payment to creditor and processing fee

§3921. Judgment fixing portion subject to seizure; payment to creditor and processing fee
A. In every case in which the wage, salary, tips reported to the employer, or other
income of a laborer, wage earner, artisan, mechanic, engineer, fireman, carpenter, bricklayer,
secretary, bookkeeper, clerk, employee on a commission basis, or employee of any nature
and kind whatever, whether skilled or unskilled, shall be garnished either under attachment
or fieri facias or as otherwise provided by law, a judgment shall be rendered by the court of
competent jurisdiction in which the garnishment proceedings may be pending fixing the
portion of such wage, salary, commission, or other compensation as may be exempt, as
provided by law, and providing for the payment to the sheriff, marshal, or constable for
processing prior to payment to the seizing creditor of whatever sum for which judgment may
be obtained, out of the portion of such compensation which is not exempt.
B. Prior to releasing or terminating any garnishment under this Part because of
amounts due under the garnishment have been paid or because the amount due as reflected
in the statement furnished pursuant to R.S. 13:3923 has been reached, the garnishee or the
sheriff, marshal, or constable shall make a reasonable effort to contact the seizing creditor,
and obtain the current balance due.
C. The court shall also provide in the judgment for a processing fee of three dollars
to be deducted by the employer from the nonexempt income of the employee for each pay
period during which the judgment of garnishment is in effect. The processing fee shall be for
the costs of the employer in complying with the judgment of garnishment.
D. In garnishment proceedings in which the employee is a state officer or employee,
the processing fee provided by Subsection C of this Section shall be paid into the state
treasury and, in accordance with Article VII, Section 9 of the Constitution of Louisiana, shall
be credited to the Bond Security and Redemption Fund.

Legislative History

Acts 1987, No. 777, §1; Acts 1992, No. 984, §4; Acts 2018, No. 261, §1; Acts 2022, No. 265, §2.