§ 10-5-8 - Garnishment of wages restricted to amounts not exempt – Child support to have priority.
SECTION 10-5-8
§ 10-5-8 Garnishment of wages restrictedto amounts not exempt – Child support to have priority. – (a) Any writ of attachment, served as a writ of garnishment for the attachmentof the personal estate of the defendant in the hand and possession of anyemployer of the defendant, shall be effective to attach so much only of suchpersonal estate consisting of the salary or wages due and payable to thedefendant, or to become in the future due and payable to the defendant, as isin excess of the amount of the defendant's salary or wages exempt by law fromattachment. And the garnishee, being the defendant's employer, shall berequired to make affidavit and shall be held liable for the defendant'spersonal estate consisting of the salary or wages due and payable to thedefendant or to become in the future due and payable to the defendant only inrespect of the excess amount exempt from attachment. Any writ of garnishmentserved under the provisions of this section shall state the judgment amount,and the employer shall withhold sums not exempt by law until the amount ofwithholding equals the amount of the judgment. The employer shall be entitledto the sum of five dollars ($5.00), payable directly from the employee to theemployer, for each writ of garnishment served upon the employer regarding anyemployee.
(b) Subject to any federal or state law to the contrary, anygarnishment of wages for child support issued pursuant to § 15-5-25, andany wage assignment pursuant to § 15-5-24, or chapter 16 of title 15 shalltake priority over any garnishment issued in accordance with this section. Thispriority shall occur whether or not the garnishment or assignment pursuant to§ 15-5-24 or 15-5-25 or chapter 16 of title 15 occurs before or after anygarnishment pursuant to this section. In addition, consistent with federal andstate law, the state court system may develop a system for the collection ofcourt imposed or assessed fines, costs, fees or other assessments, includingrestitution, through wage assignment procedures.