RS 13:3921 Judgment fixing portion subject to seizure, payment to creditor and processing fee - Louisiana Statutes

PART II.  GARNISHMENT OF WAGES, SALARIES

AND COMMISSIONS

§3921.  Judgment fixing portion subject to seizure, payment to creditor and processing fee

A.  In every case in which the wage or salary 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 seizing creditor of whatever sum for which judgment may be obtained, out of the portion of such compensation which is not exempt.  

B.  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.  

C.  In garnishment proceedings in which the employee is a state officer or employee, the processing fee provided by Subsection B 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.  

Acts 1987, No. 777, §1; Acts 1992, No. 984, §4.