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HB1864

Garnishments; automatic exemption, accounts with depository institution.

Status:
Killed

Chief Patron:
Phil Hernandez (D)

Session:
2025 Regular Session

Summary

As Passed House of Origin. Poor debtor's exemption; depository institution account exemption.

Allows a householder to hold exempt from creditor process up to $500 held in a depository institution. The bill provides that a depository institution shall, upon receipt of an order of garnishment, attachment, or other levy, answer such order and, if the householder maintains a deposit account or accounts with such depository institution, state that (i) the total amount in such account or accounts does not exceed $500 or (ii) the total amount in such account or accounts does exceed $500 and that the amount of funds in excess of $500 is being held by such institution pending further order of the court. The bill further provides that, beginning on April 1, 2027, any increases in exempt amounts shall be adjusted at three-year intervals to reflect the change in the Consumer Price Index for all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The bill provides that such adjustments shall be calculated by the Department of Planning and Budget. (Less)
  • Bill History

  • 01/06/2025 - House: Prefiled and ordered printed; Offered 01-13-2025 25102122D
  • 01/06/2025 - House: Referred to Committee for Courts of Justice
  • 01/17/2025 - House: Assigned Courts sub: Civil
  • 01/17/2025 - House: Placed on Courts of Justice Agenda
  • 01/19/2025 - House: Fiscal Impact Statement from State Corporation Commission (HB1864)
  • 01/21/2025 - House: Placed on Courts of Justice Agenda
  • 01/22/2025 - House: Subcommittee recommends reporting with substitute (8-Y 0-N)
  • 01/23/2025 - House: Placed on Courts of Justice Agenda
  • 01/24/2025 - House: Reported from Courts of Justice with substitute (21-Y 1-N)
  • 01/24/2025 - House: Committee substitute printed 25105683D-H1
  • 01/28/2025 - House: Read first time
  • 01/29/2025 - House: Read second time
  • 01/29/2025 - House: Courts of Justice Substitute agreed to
  • 01/29/2025 - House: Engrossed by House - committee substitute
  • 01/30/2025 - House: Read third time and passed House (91-Y 5-N)
  • 01/31/2025 - Senate: Constitutional reading dispensed (on 1st reading)
  • 01/31/2025 - Senate: Referred to Committee for Courts of Justice
  • 02/11/2025 - House: Fiscal Impact Statement from Department of Planning and Budget (HB1864)
  • 02/18/2025 - House: Left in Courts of Justice