l9n/ Mississippi

2016 Regular Session

House Bill 1077

Writs of garnishment; limit liability of garnishee if garnishee is a financial institution.

Did not become law. It stopped in the House of Representatives's Banking and Financial Services Committee on February 23, 2016. The 2016 session has ended.

What it does

The synopsis the Legislature published with the bill.

AN ACT TO AMEND SECTION 11-35-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A GARNISHEE IS A BANK OR OTHER FINANCIAL INSTITUTION, AND ITS INDEBTEDNESS TO THE DEFENDANT CONSISTS OF FUNDS THAT THE DEFENDANT HAS ON DEPOSIT WITH THE BANK OR OTHER FINANCIAL INSTITUTION AT THE TIME OF SERVICE OF THE WRIT OF GARNISHMENT, THEN THE GARNISHEE SHALL BE HELD TO ACCOUNT FOR ONLY THE FUNDS ON DEPOSIT BETWEEN THE TIME OF SERVICE OF THE WRIT OF GARNISHMENT AND THE TIME OF SERVICE OF ITS ANSWER TO THE WRIT, AND THE GARNISHEE SHALL HAVE NO OBLIGATION TO ACCOUNT FOR ADDITIONAL DEPOSITS ACCRUING AFTER THE TIME OF SERVICE OF ITS ANSWER; TO PROVIDE THAT IF THE BANK OR OTHER FINANCIAL INSTITUTION IS NOT INDEBTED TO THE DEFENDANT AT THE TIME OF THE SERVICE OF THE WRIT OF GARNISHMENT OR DOES NOT HAVE POSSESSION OF PROPERTY OF THE DEFENDANT AT THE TIME OF SERVICE OF THE WRIT, THE GARNISHEE SHALL NOT BE HELD TO ACCOUNT FOR ANY INDEBTEDNESS THAT ARISES SUBSEQUENT TO SERVICE OF THE ANSWER OR PROPERTY THAT MAY COME INTO ITS HANDS SUBSEQUENT TO THE SERVICE OF THE WRIT OF GARNISHMENT; TO AMEND SECTION 27-3-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL NOT SERVE MORE THAN 25 DISTRESS WARRANTS ON THE SAME FINANCIAL INSTITUTION IN A SINGLE DAY; TO PROVIDE THAT A FINANCIAL INSTITUTION SERVED WITH A DISTRESS WARRANT MAY CHARGE A FEE TO THE CUSTOMER OF THE FINANCIAL INSTITUTION; TO PROVIDE THAT ONCE THE DEPARTMENT OF REVENUE RECEIVES AN ANSWER TO A DISTRESS WARRANT FROM A FINANCIAL INSTITUTION INDICATING THAT THE TAXPAYER NAMED IN THE DISTRESS WARRANT HAS NO ACCOUNTS WITH THE FINANCIAL INSTITUTION, THE DEPARTMENT OF REVENUE MAY NOT SERVE ANY ADDITIONAL DISTRESS WARRANTS ON THE SAME FINANCIAL INSTITUTION FOR A PERIOD OF AT LEAST ONE YEAR; TO AMEND SECTIONS 27-7-57, 27-13-31 AND 27-65-59, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the House of Representatives

Its course

February 8 to February 23, 2016, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

Each committee stop sits inside its chamber.

Every action2 actions on 2 days

In the House of RepresentativesFeb 8 to Feb 23 · stopped15 days

Banking and Financial ServicesFeb 8 to Feb 23 · stopped15 days

Text

Each version as the Legislature printed it.

l9n doesn't hold this bill's text yet.

What happened

In l9n's words, one line for each step. Every action as the Legislature published it is below.

In the House of Representatives Feb 8 – Feb 23

  1. Feb 8Referred to the House committees on Banking and Financial Services and on Revenue and Expenditure General Bills
  2. Feb 23Died in committee in the House
All 2 actions, as published
  1. Feb 8Referred To Banking and Financial Services;Revenue and Expenditure General BillsHouse of Representatives
  2. Feb 23Died In CommitteeHouse of Representatives