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.
SB 2310 amends North Dakota’s garnishment statutes to increase several dollar amounts tied to the disclosure process. The bill raises the fee that a plaintiff must tender to a garnishee for an affidavit of disclosure from $25 to $40, and it similarly increases the fee paid when the State or a state agency is served as a garnishee. It also updates the minimum-judgment threshold so that no judgment may be entered against a garnishee if the underlying judgment against the defendant is less than $40, exclusive of costs; in that case, the garnishee is discharged.
The bill also preserves an optional electronic service method for the Office of Management and Budget, and it specifies that disclosure fees are not required when that electronic method is used. Overall, the measure modernizes and adjusts the statutory fee structure for garnishment proceedings, while leaving the basic garnishment process intact.
This bill directly amends three sections of the North Dakota Century Code governing garnishments: service on the Office of Management and Budget, disclosure fees, and the minimum judgment amount. Its practical effect is to increase the cost of initiating garnishment-related disclosure and to raise the floor for when a garnishee can be held liable, which may reduce very small garnishment actions and increase administrative revenue collected by the state treasury through the updated fee. It affects creditors, debtors, garnishees, and state agencies that are served in garnishment proceedings.
The bill appears to have been broadly supported. It passed the Senate unanimously, 46-0, and cleared the House with a strong majority, 78-12, indicating general legislative agreement with updating the garnishment-related fees and thresholds. The absence of recorded committee debate in the provided materials suggests limited public controversy or, at minimum, no major recorded opposition during committee review.
The main point of potential contention is the increase in fees and the higher minimum judgment threshold, which could be viewed by creditors as adding cost and by debtors or consumer advocates as making small-dollar collections more difficult. On the other hand, supporters likely view the changes as a routine inflationary adjustment and an administrative update, especially given the optional electronic service provision that reduces fees when used. The recorded floor votes show some House opposition, but not enough to prevent passage.