Kentucky Statutes 425.506 – Attachment or garnishment of earnings — Priority — Order
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(1) An order of garnishment of earnings, as defined in KRS § 427.005, shall create a lien on all nonexempt earnings earned during the pay period in which the order is served on the employer and during those succeeding pay periods which may be designated by the order.
(2) Orders of attachment or garnishment of earnings shall have priority according to the date of service on the employer, each inferior order taking effect as if served at the commencement of the next succeeding pay period not subject to a prior order; provided that no creditor shall cause two (2) orders to be served on the employer against the same employee in the same pay period.
(3) The order shall be served on the employer in triplicate and shall have printed thereon an explanation of subsections (1) and (2) of this section, the percentage of the disposable earnings, as defined in KRS § 427.005, exempted from the order by subsection (2) of KRS § 427.010, and the percentage to be forwarded to the court.
(4) The order shall have printed thereon the following directions to the employer:
(a) That a copy of the order shall be delivered to the employee, a copy retained by the employer for his records, and a copy returned by the employer to the court.
(b) That on the reverse side of the court copy shall be stated, under oath by the employer, the gross amount of earnings and the nonexempt amount of disposable earnings for the designated pay periods subject to the order. If no funds are due, the reasons therefor shall be given.
(c) That the court copy of the order and the nonexempt amount of disposable earnings shall be forwarded to the court.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 103, sec. 1, effective July 15, 1988. — Created
1976 Ky. Acts ch. 91, sec. 31.
(2) Orders of attachment or garnishment of earnings shall have priority according to the date of service on the employer, each inferior order taking effect as if served at the commencement of the next succeeding pay period not subject to a prior order; provided that no creditor shall cause two (2) orders to be served on the employer against the same employee in the same pay period.
Terms Used In Kentucky Statutes 425.506
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Lien: A claim against real or personal property in satisfaction of a debt.
- Oath: A promise to tell the truth.
(3) The order shall be served on the employer in triplicate and shall have printed thereon an explanation of subsections (1) and (2) of this section, the percentage of the disposable earnings, as defined in KRS § 427.005, exempted from the order by subsection (2) of KRS § 427.010, and the percentage to be forwarded to the court.
(4) The order shall have printed thereon the following directions to the employer:
(a) That a copy of the order shall be delivered to the employee, a copy retained by the employer for his records, and a copy returned by the employer to the court.
(b) That on the reverse side of the court copy shall be stated, under oath by the employer, the gross amount of earnings and the nonexempt amount of disposable earnings for the designated pay periods subject to the order. If no funds are due, the reasons therefor shall be given.
(c) That the court copy of the order and the nonexempt amount of disposable earnings shall be forwarded to the court.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 103, sec. 1, effective July 15, 1988. — Created
1976 Ky. Acts ch. 91, sec. 31.