2005 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 shall be afforded a reasonable time to identify deposits in its hands which may be subject to the writ, and deposits 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 deposits have become so bound, the writ of garnishment shall not extend to additional deposits belonging to the defendant which thereafter come into the hands of the garnishee bank.
(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 tax identification number.
(5) When a writ of garnishment is directed to a bank as garnishee:
(a) If it is served on an officer or any other authorized person employed at a branch of the garnishee bank, the writ shall be effective only as to deposits of the defendant maintained at that branch.
(b) If it is directed to the garnishee bank's main office in the state or to any authorized person employed at the garnishee bank's main office in this state, the writ shall be effective as to all deposits of the defendant maintained at the garnishee bank and at any branch of the garnishee bank.
SECTION 2. The provisions of this act shall apply only to attachment, execution or garnishment proceedings instituted on or after July 1, 2005, 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, 2005.