PRINTER'S NO. 1168
No. 1048 Session of 1995
INTRODUCED BY DEMPSEY, PETRONE, HERSHEY, E. Z. TAYLOR, FLEAGLE,
BATTISTO, WAUGH, WOGAN, FARGO, FEESE, GAMBLE, STERN, LEH,
SAYLOR, MERRY AND HESS, MARCH 7, 1995
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 7, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 garnishment.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8153. Garnishment.
9 (a) Earnings.--Notwithstanding any provision of this
10 chapter, a judgment creditor may garnish the personal earnings
11 of the judgment debtor through a proceeding in garnishment of
12 personal earnings under this section.
13 (b) Property in possession of another.--A judgment creditor
14 may garnish the property, other than personal earnings, of the
15 judgment debtor, if the property is in the possession of a
16 person other than the person against whom judgment was obtained,
17 through a proceeding in garnishment of property under this
18 section.
1 (c) Notice of intent to garnish.--Before instituting an
2 action of garnishment, a judgment creditor shall notify the
3 judgment debtor in writing of his intent to do so. The form and
4 contents of the notice shall be prescribed by general rules.
5 (d) Form and contents of petition; procedure.--The form and
6 content of the petition for garnishment and the procedure to be
7 followed in prosecuting the action shall be prescribed by
8 general rule.
9 (e) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Judgment creditor." A person who has obtained a judgment in
13 a civil action against another person.
14 "Judgment debtor." A person against whom a judgment has been
15 obtained in a civil action.
16 "Personal earnings." Money, or any other consideration or
17 thing of value, which is paid or due to a person in exchange for
18 work, labor or personal services provided by the person to an
19 employer.
20 Section 2. This act shall take effect in 60 days.
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