Bill Text: IA HF628 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act eliminating certain specific statutory limits on wage garnishments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - Subcommittee, Jorgensen, Kearns, and L. Miller. H.J. 72. [HF628 Detail]
Download: Iowa-2011-HF628-Introduced.html
House
File
628
-
Introduced
HOUSE
FILE
628
BY
DE
BOEF
A
BILL
FOR
An
Act
eliminating
certain
specific
statutory
limits
on
wage
1
garnishments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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(2)
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H.F.
628
Section
1.
Section
537.5105,
subsection
2,
paragraph
a,
1
Code
2011,
is
amended
to
read
as
follows:
2
a.
In
addition
to
the
provisions
of
section
642.21
,
the
3
The
maximum
part
of
the
aggregate
disposable
earnings
of
an
4
individual
for
any
workweek
which
is
subjected
to
garnishment
5
to
enforce
payment
of
a
judgment
arising
from
a
consumer
credit
6
transaction
may
not
exceed
the
lesser
of
twenty-five
percent
7
of
the
individual’s
disposable
earnings
for
that
week,
or
8
the
amount
by
which
the
individual’s
disposable
earnings
for
9
that
week
exceed
forty
times
the
federal
minimum
hourly
wage
10
prescribed
by
the
Fair
Labor
Standards
Act
of
1938,
29
U.S.C.
§
11
206(a)(1),
in
effect
at
the
time
the
earnings
are
payable.
12
Sec.
2.
Section
642.21,
subsection
1,
Code
2011,
is
amended
13
to
read
as
follows:
14
1.
The
disposable
earnings
of
an
individual
are
exempt
from
15
garnishment
to
the
extent
provided
by
the
federal
Consumer
16
Credit
Protection
Act,
Title
III,
15
U.S.C.
§
1671
–
1677
17
(1982).
The
maximum
amount
of
an
employee’s
earnings
which
18
may
be
garnished
during
any
one
calendar
year
is
two
hundred
19
fifty
dollars
for
each
judgment
creditor,
except
as
provided
20
in
chapter
252D
and
sections
598.22
,
598.23
,
and
627.12
,
or
21
when
those
earnings
are
reasonably
expected
to
be
in
excess
of
22
twelve
thousand
dollars
for
that
calendar
year
as
determined
23
from
the
answers
taken
by
the
sheriff
or
by
the
court
pursuant
24
to
section
642.5,
subsection
4
.
When
the
employee’s
earnings
25
are
reasonably
expected
to
be
more
than
twelve
thousand
dollars
26
the
maximum
amount
of
those
earnings
which
may
be
garnished
27
during
a
calendar
year
for
each
creditor
is
as
follows:
28
a.
Employees
with
expected
earnings
of
twelve
thousand
29
dollars
or
more,
but
less
than
sixteen
thousand
dollars,
not
30
more
than
four
hundred
dollars
may
be
garnished.
31
b.
Employees
with
expected
earnings
of
sixteen
thousand
32
dollars
or
more,
but
less
than
twenty-four
thousand
dollars,
33
not
more
than
eight
hundred
dollars
may
be
garnished.
34
c.
Employees
with
expected
earnings
of
twenty-four
thousand
35
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dollars
or
more,
but
less
than
thirty-five
thousand
dollars,
1
not
more
than
one
thousand
five
hundred
dollars
may
be
2
garnished.
3
d.
Employees
with
expected
earnings
of
thirty-five
thousand
4
dollars
or
more,
but
less
than
fifty
thousand
dollars,
not
more
5
than
two
thousand
dollars
may
be
garnished.
6
e.
Employees
with
expected
earnings
of
fifty
thousand
7
dollars
or
more,
not
more
than
ten
percent
of
an
employee’s
8
expected
earnings.
9
Sec.
3.
Section
642.22,
subsection
1,
paragraph
a,
Code
10
2011,
is
amended
by
striking
the
paragraph.
11
EXPLANATION
12
Under
Code
section
642.21,
an
employee’s
disposable
earnings
13
are
exempt
from
garnishment
to
the
extent
provided
by
the
14
federal
Consumer
Credit
Protection
Act.
Code
section
642.21
15
also
contains
maximum
dollar
amounts
that
may
be
garnished
16
during
any
one
calendar
year.
This
bill
eliminates
these
17
statutory
limits.
18
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