2006 Regular Session
To: Judiciary, Division A
By: Senator(s) Mettetal
AN ACT TO AMEND SECTION 11-35-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PERSONAL SERVICE OF WRITS OF GARNISHMENT; TO DEFINE THE RIGHTS AND DUTIES OF BANKS AS GARNISHEES; TO DEFINE THE EFFECT OF SERVICE OF WRITS OF GARNISHMENT UPON BANKS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-35-9, Mississippi Code of 1972, is amended as follows:
11-35-9. (1) Except as otherwise provided by Section 11-35-11, service of a writ of garnishment shall be made upon the same persons as are provided in Rule 4(d) of the Mississippi Rules of Civil Procedure, and a writ of garnishment, whether issued in a case of attachment or on a judgment or decree, shall be served by a process server or by the sheriff or the constable in the same manner as is provided in Rule 4(c)(1) and (2) of the Mississippi Rules of Civil Procedure.
(2) When a writ of garnishment is served on a bank as garnishee, the garnishee bank, consistent with Section 75-4-303, shall be afforded a reasonable time, or five (5) business days, whichever is less, to act thereon by identifying accounts of the defendant which may be subject to the writ, and the balances of such accounts shall not become bound by or subject to the lien of the judgment, decree or attachment on which the writ of garnishment is issued until so identified by the garnishee bank. Once the balances of such accounts have become so bound, the writ of garnishment shall not extend to additional deposits thereafter made to such accounts.
(3) When a writ of garnishment is served on a bank as garnishee, the garnishee bank shall have no duty to give notice of the garnishment to the defendant or to any other person.
(4) No writ of garnishment shall be effective against a bank unless the writ sets forth information sufficient to enable such bank to identify the defendant on its records, such as the defendant's complete name and address or the defendant's complete name and the last four (4) digits of the defendant's tax identification number.
(5) Each bank shall provide the Department of Banking and Consumer Finance the names and addresses of designated agents for service of writs of garnishment. The Department of Banking and Consumer Finance shall maintain a record of agents designated by banks to receive service of writs of garnishment. To be effective against a bank garnishee, a writ of garnishment shall be served upon the bank's agent as designated in that record.
(6) As used in this section, the term "bank" means an organization that is engaged in the business of banking and shall include commercial banks, savings banks, savings and loan associations, and credit unions.
SECTION 2. The provisions of this act shall apply only to attachment, execution or garnishment proceedings instituted on or after July 1, 2006, and shall not defeat, extinguish or render void any claim or defense existing with respect to attachment, execution or garnishment proceedings instituted prior to that date.
SECTION 3. This act shall take effect and be in force from and after July 1, 2006.