2016
Regular Session
Writs of garnishment; limit liability of garnishee if garnishee is a financial institution.
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.
03/28/16 at 15:54
S
B
2344
Senate Bill 2344
SB 2344
S
Dead
General Bill/Constitutional Amendment
No
Majority
** See Text
Banking and Financial Services
T
../../House_cmtes/BB.xml
Business and Financial Institutions
F
../../Senate_cmtes/BF.xml
Parks
../../Senate_authors/Parks.xml
Dearing
../../Senate_authors/Dearing.xml
A
../../code_sections/011/00350023.xml
A
../../code_sections/027/00030033.xml
A
../../code_sections/027/00070057.xml
A
../../code_sections/027/00130031.xml
A
../../code_sections/027/00650059.xml
1
02/08 (S) Referred To Business and Financial Institutions
2
02/17 (S) Title Suff Do Pass Comm Sub
3
02/26 (S) Committee Substitute Adopted
4
02/26 (S) Amended
5
02/26 (S) Passed As Amended
../../../../2016/pdf/votes/senate/0530008.pdf
6
02/29 (S) Motion to Reconsider Entered
7
03/07 (S) Motion to Reconsider Tabled
8
03/08 (S) Transmitted To House
9
03/14 (H) Referred To Banking and Financial Services
10
03/22 (H) Title Suff Do Pass As Amended
11
03/23 (H) Read the Third Time
12
03/28 (H) Recommitted to Committee
13
03/28 (H) Died In Committee
../../../../documents/2016/pdf/SB/2300-2399/SB2344PS.pdf
../../../../documents/2016/dt/SB/2300-2399/SB2344PS.pdf
../../../../documents/2016/html/SB/2300-2399/SB2344PS.htm
../../../../documents/2016/pdf/SB/2300-2399/SB2344IN.pdf
../../../../documents/2016/dt/SB/2300-2399/SB2344IN.pdf
../../../../documents/2016/html/SB/2300-2399/SB2344IN.htm
../../../../documents/2016/pdf/SB/2300-2399/SB2344CS.pdf
../../../../documents/2016/dt/SB/2300-2399/SB2344CS.pdf
../../../../documents/2016/html/SB/2300-2399/SB2344CS.htm
../../../../documents/2016/pdf/SB/2300-2399/SB2344PS.pdf
../../../../documents/2016/dt/SB/2300-2399/SB2344PS.pdf
../../../../documents/2016/html/SB/2300-2399/SB2344PS.htm
Committee Amendment No 1
Pending
../../../../documents/2016/pdf/ham/SB2344_H_Cmte_Amend_01.pdf
../../../../../documents/2016/html/ham/SB2344_H_Cmte_Amend_01.htm
Amendment No 1 (Cmte Sub)
Adopted
../../../../documents/2016/pdf/sam/SB2344_S_(Cmte_Sub)_Amend_01.pdf
../../../../../documents/2016/html/sam/SB2344_S_(Cmte_Sub)_Amend_01.htm
Voice Vote
N
../../../../documents/2016/pdf/fiscalnotes/SB2344.pdf