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425.506 Attachment or garnishment of earnings -- Priority -- Order.
(1)
(2)
(3)
(4)
An order of garnishment of earnings, as defined in KRS 427.005, shall create a
lien on all nonexempt earnings earned during the pay period in which the order
is served on the employer and during those succeeding pay periods which may
be designated by the order.
Orders of attachment or garnishment of earnings shall have priority according
to the date of service on the employer, each inferior order taking effect as if
served at the commencement of the next succeeding pay period not subject to
a prior order; provided that no creditor shall cause two (2) orders to be served
on the employer against the same employee in the same pay period.
The order shall be served on the employer in triplicate and shall have printed
thereon an explanation of subsections (1) and (2) of this section, the
percentage of the disposable earnings, as defined in KRS 427.005, exempted
from the order by subsection (2) of KRS 427.010, and the percentage to be
forwarded to the court.
The order shall have printed thereon the following directions to the employer:
(a) That a copy of the order shall be delivered to the employee, a copy
retained by the employer for his records, and a copy returned by the
employer to the court.
(b) That on the reverse side of the court copy shall be stated, under oath by
the employer, the gross amount of earnings and the nonexempt amount
of disposable earnings for the designated pay periods subject to the
order. If no funds are due, the reasons therefor shall be given.
(c) That the court copy of the order and the nonexempt amount of disposable
earnings shall be forwarded to the court.
Effective:July 15, 1988
History: Amended 1988 Ky. Acts ch. 103, sec. 1, effective July 15, 1988. -Created 1976 Ky. Acts ch. 91, sec. 31.
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