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 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. The sheriff, marshal, or constable shall apply and deduct their commission percentage as authorized by law from each garnishment payment upon receipt prior to remitting each payment to the seizing creditor.

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.

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