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Garnished wages

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T

Tracy

Guest
Not sure if New Hampshire is a garnishment state....if it is how does it work in this state I have searched and cannot seem to find anything I am moving from New Mexico soon and my wages are garnished here for a bill.....any help would be great....
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I thought I showed you how to look up all statutes dealing with Garnishment. But here is what you seek:

TITLE 34A
Uniform Commercial Code
CHAPTER 382A
Uniform Commercial Code
ARTICLE 9
Secured Transactions; Sales of Accounts and Chattel Paper
PART III
Rights of Third Parties; Perfected and Unperfected Security Interests; Rules of Priority
SECTION 382-A:9-311


§ 382-A:9-311 Alienability of Debtor's Rights: Judicial Process. - The debtor's rights in collateral may be voluntarily or involuntarily transferred (by way of sale, creation of a security interest, attachment, levy, garnishment or other judicial process) notwithstanding a provision in the security agreement prohibiting any transfer or making the transfer constitute a default.

Source. 1979, 326:6, eff. Aug. 21, 1979.


TITLE 34A
Uniform Commercial Code
CHAPTER 382A
Uniform Commercial Code
ARTICLE 4A
Funds Transfers
PART V
Miscellaneous Provisions
SECTION 382-A:4A-502


§ 382-A:4A-502 Creditor Process Served on Receiving Bank; Setoff by Beneficiary's Bank. - (a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.

(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.

(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply:

(1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.

(2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.

(3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.

(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process.

Source. 1993, 346:7, eff. Jan. 1, 1994.


Here are other new hampshire codes under a search result of garnishment. Your job to find it by going to state statutes at the top of the freeadvice.com homepage and then click on your state and go from there:
--------------------------------------------------------------------------------
Score Title
0.81 402-C:59
0.78 524:12
0.78 80:7-c
0.78 418:24
0.78 402-C:5
0.78 402-C:32
0.78 402-C:25
0.78 382-A:4A-502
0.78 382-A:9-311
0.78 358-C:3
 

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