Bill > SB476

This bill modifies Louisiana's Code of Civil Procedure concerning garnishments, which is a legal process where a creditor can collect a debt by seizing money owed to the debtor by a third party. Specifically, it mandates that the notice served on the third party, known as the garnishee, must now include a bolded warning stating that failing to file a sworn answer to interrogatories (formal written questions) within thirty days could make the garnishee personally responsible for the entire debt owed by the judgment debtor. The bill also clarifies that if a judgment is entered against a garnishee for failing to appear after proper service, the garnishee will have thirty days from the judgment's service to request a new trial, which will only be granted if it includes an affidavit detailing the facts the garnishee needs to prove. At this new trial, the garnishee will bear the burden of proving they never had any property of or owed any debt to the judgment debtor during the garnishment, or that they have since satisfied the judgment to the extent of any property or debt they possessed. Furthermore, the bill ensures that the court will award costs and attorney fees against a garnishee who fails to respond, including additional costs and attorney fees incurred by the judgment creditor due to the garnishee's initial failure to respond.

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https://www.legis.la.gov/legis/BillInfo.aspx?s=26rs&b=SB476&sbi=y