House Bill 1249

AN ACT TO AMEND SECTION 11-35-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PLAINTIFF IN A GARNISHMENT PROCEEDING TO PROVIDE THE SOCIAL SECURITY NUMBER OF THE DEFENDANT/JUDGMENT DEBTOR TO THE CLERK OF THE COURT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-35-1, Mississippi Code of 1972, is amended as follows:

11-35-1. On the suggestion in writing by the plaintiff in a judgment or decree in any court upon which an execution may be issued, that any person, either natural or artificial, including the state, any county, municipality, school district, board or other political subdivision thereof, is indebted to the defendant therein, or has effects or property of the defendant in his, her or its possession, or knows of some other person who is indebted to the defendant, or who has effects or property of the defendant in his, her or its possession, it shall be the duty of the clerk of such court to issue a writ of garnishment, directed to the sheriff or proper officer, commanding him to summon such person, the state, county, municipality, school district, board or other political subdivision thereof, as the case may be, as garnishee to appear at the term of court to which the writs of garnishment may be returnable, to answer accordingly.

The plaintiff shall provide the clerk of the court with the social security number of the defendant/judgment debtor at the time of making suggestion for issuance of the writ of garnishment and the number shall be included on the writ of garnishment served upon the garnishee.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.