Enrolled House Bill (H) 4
Authored by: Rep. Peggy Mayfield
Co-Authors: Rep. Kathy Richardson
Court administrative matters. Requires that the clerk of the circuit court (clerk) or the county recorder (recorder) must be the secretary of the county commission of public records, as determined by: (1) mutual agreement of the clerk and the recorder; or (2) if a mutual agreement cannot be reached, an affirmative vote of the majority of the members of the commission. Allows the clerk to keep the lis pendens record, the execution docket, and the register of witness fees and court fees in electronic form if all information is available to the public to inspect or copy in the electronic form. Eliminates: (1) ... the requirement that the clerk attend court proceedings; and (2) the per diem paid the clerk or a deputy for attending court. Allows the clerk to retain an administrative fee of up to $3 from any excess amount of fine, penalty, fee, or bail collected and refunded by the clerk. Requires the cost of: (1) an initial mailing of a document by certified or registered mail to be paid out of court costs and fees; and (2) any additional certified or registered mailings to be paid by the person requesting the additional mailings. Provides that a circuit court judgment docket must contain: (1) all civil judgments in which one party owes money to another party; and (2) any entry that is required by a statute. Provides that a judgment docket may not include: (1) judgments in which money is owed by a person to a state, a county, or another governmental entity as a result of a criminal conviction or a violation of an infraction or ordinance; or (2) except for cases in which the state obtains a judgment for unpaid taxes, judgments in which a governmental entity is the sole creditor. Allows a clerk of a circuit court to keep a judgment docket in: (1) an electronic format; (2) a paper format; or (3) both an electronic and a paper format. Provides that the judgment docket shall be made available for public inspection at the office of the clerk during regular office hours. Provides that, if the wages of a judgment debtor are being garnished: (1) a clerk is not required to notify the employer of the judgment debtor to suspend the garnishment after the judgment is satisfied; and (2) a request to suspend the garnishment must be submitted by the judgment debtor to the court that rendered the judgment. Makes changes to the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment to enforce the payment of any judgments against the individual. If a judgment debtor has failed to comply with an agreed order in the action, requires a court to order: (1) any property, income, or profits of a judgment debtor not exempt from execution or process or any debt due to the judgment debtor to be applied to the satisfaction of the judgment and forbid transfers of property and choses in action; and (2) that the judgment or execution is a continuing lien upon the income or profits of the judgment debtor in the hands either of the judgment debtor or any other person from the date the order is served upon the person indebted to the judgment debtor to the extent that the lien, together with all similar liens, is allowed by law. Provides that: (1) if a court has issued a garnishment order to a third party (such as an employer) that provides income to a judgment debtor; (2) the garnishment order no longer applies to the third party due to a change in circumstances, including a change in employment; and (3) the judgment creditor files a petition describing the changed circumstances and providing contact information for a new third party who employs or otherwise provides income for a judgment debtor; the court may, without holding a hearing, cancel the first garnishment order and issue a new garnishment order to the new third party. Urges the legislative council to assign the topic of small claims court administration to an interim study committee.