AN ACT to amend and reenact sections 32-09.1-05, 32-09.1-10, and 32-09.1-16 of the North Dakota Century Code, relating to garnishments.
Summary
SB 2310 revises North Dakota’s garnishment procedures by increasing the disclosure fee that a plaintiff must tender when serving a garnishee summons. The bill raises the fee from $25 to $40 in two places in the Century Code: the general disclosure-fee provision and the section governing service on the Office of Management and Budget when the state or a state entity is the garnishee. It also allows the director of the Office of Management and Budget to offer an optional electronic method of service, in which case disclosure fees are not required.
The bill also updates the minimum-judgment rule for garnishment actions. Under the amended language, no judgment may be rendered against a garnishee if the underlying judgment against the defendant is less than $40, exclusive of costs; instead, the garnishee must be discharged. This change aligns the minimum-judgment threshold with the increased disclosure fee and affects creditors, debtors, garnishees, and state agencies involved in garnishment proceedings.
Impact
SB 2310 amends North Dakota Century Code sections 32-09.1-05, 32-09.1-10, and 32-09.1-16, changing the administrative and financial requirements for garnishment cases. The bill increases the disclosure fee paid to garnishees and to the Office of Management and Budget from $25 to $40, and it raises the minimum judgment amount needed before a garnishee can be held liable from $25 to $40. It also authorizes optional electronic service for state garnishment disclosures, which may reduce fee requirements when used.
Sentiment
The bill appears to have received generally favorable treatment in both chambers. It passed the Senate unanimously, 46-0, and the House with a clear majority, 78-12, indicating broad support for updating garnishment-related fees and procedures. The voting pattern suggests the measure was viewed as a routine administrative adjustment rather than a major policy dispute.
Contention
The main point of potential contention is the increase in costs associated with garnishment proceedings, since the bill raises the disclosure fee and the minimum judgment threshold from $25 to $40. Creditors or parties who frequently use garnishment may view the higher fee and threshold as an added burden, while garnishees and state agencies may benefit from clearer procedures and a modestly higher cutoff. The optional electronic service provision may have reduced concern by offering a lower-cost alternative for service on the state.
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