Statute of Limitations for Bad Check Writing by fko50085

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									                         Summary of Collection Laws
 Federal Garnishment Exemption
 Federal Law exempts from garnishment 75% of disposable earnings per week or an amount equal to 30
 times Federal Minimum Hourly Wage, whichever is greater. Some states laws still on the books are listed
 below, but where federal law provides larger exemption, it supersedes the state law

 States having community property laws are denoted with an asterisk (*)

                    Caine & Weiner disclaims any liability resulting from reliance
                           upon the legality and accuracy of the contents.


ALABAMA                              BAD CHECK LAWS                       GENERAL
                                     (CIVIL PENALTY) -                    GARNISHMENT
INTEREST RATE - Legal:               Damages in amount equal to           EXEMPTIONS - See federal
6% - Judgment 12%                    $100 or triple the amount of         law.
                                     the check whichever is
                                     greater. But no more than            COLLECTION AGENCY
STATUTE OF
                                     $1000 over the amount of the         BOND & LICENSE - Bond:
LIMITATIONS (IN YEARS)
                                     checks                               $10,000 minimum (based on
- Open Acct: 3 - Written
contract 6 - Domestic                                                     gross income) - License: Yes
Judgment 20 - Foreign                GENERAL                              - Fee: $1500 Application Fee
Judgment 20                          GARNISHMENT                          $600
                                     EXEMPTIONS – 75% of
                                     employee's weekly net                Annual Fee $23 per
BAD CHECK LAWS
(CIVIL PENALTY) - Actual             income or $402.50 whichever          Officers/Managers
                                     is more
Bank charges
                                                                          ARKANSAS
                                     COLLECTION AGENCY
GENERAL
GARNISHMENT                          BOND & LICENSE - Bond:               INTEREST RATE - Legal:
EXEMPTIONS - 75% of                  $5000 License: Yes - Fee:            6% or 5 points above the
                                     $100- Application $200 -
wages are exempt from                                                     Federal discount rate
                                     Agency Biennially
garnishment                                                               Judgment 5 points above the
                                                                          Federal discount rate or 10%
COLLECTION AGENCY                    * ARIZONA                            per annum whichever is less
BOND & LICENSE - Bond:
No - License: No - Fee: $25                              10% -
                                     INTEREST RATE - Legal:               STATUTE OF
if the Population is under           Judgment 10% or contractual          LIMITATIONS (IN YEARS)
20,000 or $100 if the                                                     - Open Acct: 3 - Written
Population is over 20,000            STATUTE OF                           Contract 5 (partial payment
                                     LIMITATIONS (IN YEARS)               stops the statute from
ALASKA                               - Open Acct: 3 - Written             running) - Sale of Goods:
                                     Contract 6 in AZ. - 4 outside        (UCC-2) - 4 - Domestic
                                     AZ. - Domestic Judgment 5-           Judgment 10 - Renewable -
INTEREST RATE - Legal:
10.5% - Judgment 10.5% or            additional 5 upon request            Foreign Judgment 10
contractual                          (indefinitely) - Foreign
                                     Judgment 4                           BAD CHECK LAWS
                                                                          (CIVIL PENALTY) - Twice
STATUTE OF
                                     BAD CHECK LAWS                       the amount of check - prior to
LIMITATIONS (IN YEARS)
- Sale of Goods: 4 - Written         (CIVIL PENALTY) - Twice              double charge - can start out
                                     the amount of check, costs of        with $15 charge per NSF
Contract 6 - Domestic
                                     suit, reasonable attorney fees       check after 30 days
Judgment 10 - Foreign
Judgment 10
GENERAL                          if specified in contract or      minimum hourly wage,
GARNISHMENT                      note)                            whichever is less
EXEMPTIONS - $500
                                 STATUTE OF                       COLLECTION AGENCY BOND &
head of family; $200
                                 LIMITATIONS (IN YEARS)           LICENSE - Bond: $5000 -
single. Includes personal
                                 - Open Acct: 6 - Written         License: Yes - Fee: $200
property except clothing                                          Yearly $50 Investigation
                                 Contract 6 (signed
                                 promissory note) - Written
COLLECTION AGENCY                Contract Goods Services: 3 -     DELAWARE
BOND & LICENSE -                 Domestic Judgment District
Bond: $5000/$1500                Court 20 (renewable every        INTEREST RATE - Legal +
Branch - License: Yes -          20) County Court - 6             Judgment -Federal Reserve
Fee: $125 -$5 each               (renewable every 6) - Foreign    Discount Rate Plus 5%
employee                         Judgment 6 in CO                 Points

* CALIFORNIA                     BAD CHECK LAWS                   STATUTE OF
                                 (CIVIL PENALTY) - Treble         LIMITATIONS (IN YEARS)
INTEREST RATE - Legal:           Damages & Reasonable Fees        - Sale of Goods: 4 - Open
10% - Judgment 10% (Unless                                        Acct.: 4 - Written Contract 3
otherwise contracted)            GENERAL                          - Domestic Judgment No
                                 GARNISHMENT                      provision - Foreign Judgment
                                 EXEMPTIONS - See federal         No provision
STATUTE OF
LIMITATIONS (IN YEARS)           law
- Open Acct: Reduced to                                           BAD CHECK LAWS
writing - 4 - Open Acct: No      COLLECTION AGENCY                (CIVIL PENALTY) -
writing - 2 - Written Contract   BOND & LICENSE - Bond:           Amount due, cost of suit,
4 - Domestic Judgment 10         $10,000 - 20,000 - License:      protest fees
(renewable at 10) - Foreign      Yes - Fee: Determined by
Judgment 10 (commencing          collection agency board          GENERAL
with judgment debtor's                                            GARNISHMENT
commencement of CA               CONNECTICUT                      EXEMPTIONS - 85% of
residence)                                                        disposable earnings or
                                 INTEREST RATE - Legal:           disposable earnings minus
BAD CHECK LAWS                   8% - Judgment 10%                127.50 weekly according to
(CIVIL PENALTY) -                                                 schedule
Amount due, Treble damages       STATUTE OF
- minimum $100 maximum           LIMITATIONS (IN YEARS)           COLLECTION AGENCY
$1500 per check                  - Open Acct: 6 - Written         BOND & LICENSE - Bond:
                                 Contract 6 - Oral Contract 3 -   No - License: Merc. License -
GENERAL                          Domestic Judgment 20/25 -        Fee: $50 Yearly
GARNISHMENT                      Small Claims Judgment
EXEMPTIONS - See federal         10/15 - Foreign Judgment 20      DISTRICT of COLUMBIA
law. Exemptions for life
necessities                      BAD CHECK LAWS (CIVIL            INTEREST RATE - Legal:
                                 PENALTY) - Personal liability    6% - Judgment 70% of
COLLECTION AGENCY                of signatory on corporate        interest rates on taxes to IRS
BOND & LICENSE - No              claims unless signed in
license or bond required         corporate capacity               STATUTE OF
                                                                  LIMITATIONS (IN YEARS)
                                 GENERAL GARNISHMENT
COLORADO                                                          - Open Acct: 3 - Written
                                 EXEMPTIONS - 25% you may
                                                                  Contract 3 - Domestic
                                 garnish disposable earnings
INTEREST RATE - Legal:                                            Judgment 20 - Foreign
                                 each week, or 40 x federal
8% - Judgment 8% (or higher                                       Judgment Foreign Statute
BAD CHECK LAWS                 GEORGIA                          $200 per month or federal
(CIVIL PENALTY) -                                               limits whichever is greater
Amount Due - Protest Fees      INTEREST RATE - Legal:
                               7% - Judgment 12% -              COLLECTION AGENCY
GENERAL                        Commercial Accounts: 18%         BOND & LICENSE - Bond:
GARNISHMENT                                                     $25,000/$15,000 each branch
EXEMPTIONS - See federal       STATUTE OF                       License: Registration with
law. D.C. Government           LIMITATIONS (IN YEARS)           "DCCA" - Fee: $25-
employees are not attachable   - Open Acct: 4 - Written         Application - $80-
                               Contract 6 - Domestic            Registration $80 - Renewal -
COLLECTION AGENCY              Judgment 7 - Foreign             $50- Compliance = $155 for
BOND & LICENSE - Bond:         Judgment 5                       2 years
No - License: No - Fee: No
                               BAD CHECK LAWS                   * IDAHO
FLORIDA                        (CIVIL PENALTY) - After
                               10 day written demand            INTEREST RATE - Legal:
INTEREST RATE - Legal:         double damages up to $500        12% - Judgment 10.875%
10% - Judgment 10% or          and service charge or $20 or     plus the base rate
contractual                    5%, whichever is greater
                                                                STATUTE OF
STATUTE OF                     GENERAL                          LIMITATIONS (IN YEARS)
LIMITATIONS (IN YEARS)         GARNISHMENT                      - Open Acct: 4 - Oral
- Open Acct: 4 - Written       EXEMPTIONS - See federal         Contract 4 - Written Contract
Contract 5 - Domestic          law. City, County & State        5 - Domestic Judgment 5
Judgment 7 Renewable -         employees may be garnished       renewable - Foreign
Foreign Judgment is not                                         Judgment 6 renewable
recorded in-state              COLLECTION AGENCY
                               BOND & LICENSE - Bond:           BAD CHECK LAWS
BAD CHECK LAWS                 No - License: No - Fee: No       (CIVIL PENALTY) - Triple
(CIVIL PENALTY) - After                                         amount of check up to $500
30 day demand treble amount    HAWAII                           over the check amount
in addition to amount owed,
bank & court costs &           INTEREST RATE - Legal:           GENERAL
reasonable attorney fees       10% - Judgment 10% (no           GARNISHMENT
                               written contract)                EXEMPTIONS - See federal
GENERAL                                                         law
GARNISHMENT                    STATUTE OF
EXEMPTIONS - See federal       LIMITATIONS (IN YEARS)           COLLECTION AGENCY
law except 100% head of        - Sale of Goods: 4 - Open        BOND & LICENSE - Bond:
household. - Liberal           Acct: 6 - Written Contract 6 -   Greater of $5,000 or 2 x
Homestead Exemption - 1st      Domestic Judgment 10 -           average monthly net
$1,000 of automobile           Foreign Judgment 6               collections previous year plus
                                                                $2000 to indemnify state for
COLLECTION AGENCY                                               costs - License: Yes - Fee:
                               BAD CHECK LAWS
BOND & LICENSE - Bond:                                          $100 - permit fee - $50 -
                               (CIVIL PENALTY) -
Yes - $50,000 (Commercial)                                      renewal
                               Damages equal to $100 or
License: Yes - Fee: Yes -      triple amount of check, not to
$200 - Registration / $50 -    exceed $500                      ILLINOIS
Investigation $200 – Renewal
                               GENERAL                          INTEREST RATE - Legal:
                               GARNISHMENT                      5% Judgment 9%
                               EXEMPTIONS - 95% of 1St
                               $100 - 90% of 2nd $100 -         STATUTE OF
                               80% net wages in excess of       LIMITATIONS (IN YEARS)
Sales (UCC): 4 - Open Acct:      workweek or the amount of        BAD CHECK LAWS
5 - Written Contract 10 -        30 x the federal minimum         (CIVIL PENALTY) - Three
Domestic Judgment 20 -           hourly wage, whichever is        times check amount not
Foreign Judgment same            greater                          exceeding the check amount,
                                                                  $500 or $100 whichever is
BAD CHECK LAWS                   COLLECTION AGENCY                greater plus attorney fees
(CIVIL PENALTY) - Triple         BOND & LICENSE - Bond:
check amount up to $500,         $5000 each office - License:     GENERAL
attorney fees & court costs      Yes - Fee: $50 plus $5 per       GARNISHMENT
                                 annum, each unlicensed           EXEMPTIONS - See federal
GENERAL                          employee $15 branch office       law. Plus other personal
GARNISHMENT                                                       property, benefit exemptions,
EXEMPTIONS - 15% of              IOWA                             and homestead
gross wages or disposable
earnings for workweek up to      INTEREST RATE - Legal:           COLLECTION AGENCY
45 X the federal minimum.        5% - Judgment 10%                BOND & LICENSE - Bond:
hourly wage, whichever is                                         No - License: No - Fee: No
greater                          STATUTE OF
                                 LIMITATIONS (IN YEARS)           KENTUCKY
COLLECTION AGENCY                - Open Acct: 5 - Written
BOND & LICENSE - Bond:           Contract 10 - Domestic           INTEREST RATE - Legal:
$25,000 - License: Yes - Fee:    Judgment 10 - can be             8% - Judgment 12%
$75 - Original $60 - Renewal     renewed in the next year -
                                 Foreign Judgment 10 - can be     STATUTE OF
INDIANA                          renewed in the next year         LIMITATIONS (IN YEARS)
                                                                  - Open Acct: 5 - Written
INTEREST RATE - Legal:           BAD CHECK LAWS                   Contract 15 - Oral Contract 5
8% - Judgment 8%                 (CIVIL PENALTY) - Triple         - Domestic Judgment 15 -
                                 check up to $500 over check      Foreign Judgment 15
STATUTE OF                       amount
LIMITATIONS (IN YEARS)                                            BAD CHECK LAWS
- Open Acct: 6 - Written         GENERAL                          (CIVIL PENALTY) - N/A
Contract for payment of          GARNISHMENT
money -(executed before          EXEMPTIONS - See federal         GENERAL
9/1/82): 10 (executed after      law                              GARNISHMENT
8/31/82): 6 - Written contract                                    EXEMPTIONS -25% of
(other than payment of           COLLECTION AGENCY                disposable income or 30
money): 10 - Domestic            BOND & LICENSE - Bond:           times the federal minimum
Judgment 10 - Foreign            No - License: No - Fee: No       hourly wage (whichever is
Judgment 10                                                       less)
                                 KANSAS
BAD CHECK LAWS                                                    COLLECTION AGENCY
(CIVIL PENALTY) - Triple         INTEREST RATE - Legal:           BOND & LICENSE - Bond:
check amount up to $500                                           No - License: No - Fee: No
                                 10% - Judgment 4 percentage
over check amount + attorney
                                 points above the discount rate
fees & interest up to 18% per
                                                                  LOUISANA
annum or 25% of triple check
amount + attorney tees and       STATUTE OF
interest at 8% per annum         LIMITATIONS (IN YEARS)           INTEREST RATE FOR
                                 - Open Acct: 3 - Written         1996 - Legal: 9.75% -
                                 Contract 5 - Domestic            Judgment 9.75%
GENERAL WAGE
                                 Judgment 5 renewable -
GARNISHMENT                      Foreign Judgment 5
EXEMPTIONS - 75% of                                               STATUTE OF
                                 renewable                        LIMITATIONS (IN YEARS)
disposable earnings for
Open Acct: 3 - Written             income or 40 times the          MASSACHUSETTS
Contract 10 - Promissory           federal minimum wage per
Notes: 5 - Domestic                week (whichever is less),       INTEREST RATE - Legal:
Judgment 10 - Foreign              after judgment only             6% - Judgment 12% -
Judgment 10                                                        Contract 12%
                                   COLLECTION AGENCY
BAD CHECK LAWS                     BOND & LICENSE - Bond:          STATUTE OF
(CIVIL PENALTY) - After            Yes- Per Superintendent -       LIMITATIONS (IN YEARS)
30 day written demand              License: Yes - Fee: $400        Open Acct on Contract 6 -
(certified or registered), twice   Yearly                          Contract 6 - Sales (UCC)
check amount Attorney fees                                         Contract 4 - Domestic
& court costs                      MARYLAND                        Judgment 20 (presumed
                                                                   satisfied after 20 years) -
GENERAL                            INTEREST RATE - Legal:          Foreign Judgment 20 -
GARNISHMENT                        6% - Judgment 10% or            Contract Under Seal: 20
EXEMPTIONS - 75%                   contractual
disposable earnings per work                                       BAD CHECK LAWS
week, but not less than 30 x       STATUTE OF                      (CIVIL PENALTY) -
federal minimum hourly             LIMITATIONS (IN YEARS)          Amount due, costs of suit,
wage                                                               protest fees Additional
                                   - Open Acct: 3 - UCC:4 -
                                   Specialty: 12 (contract under   damages $100 - $500 can be
COLLECTION AGENCY                  seal) - Written Contract 3 -    assessed
BOND & LICENSE - Bond:             Domestic Judgment 12 -
Yes - $10,000 - License: Yes       Foreign Judgment 12             GENERAL
Fee: $200 Initial - $200                                           GARNISHMENT
Investigation - $200 Renewal                                       EXEMPTIONS - $l25 a week
                                   BAD CHECK LAWS
$100 Branch - $100 Branch
                                   (CIVIL PENALTY) - After
Renewal                            30 day written notice, amount   COLLECTION AGENCY
                                   due, $25 fee, twice check       BOND & LICENSE - Bond:
MAINE                              amount up to $1000. (At the     $10,000 -$25,000 - License:
                                   discretion of the court.)       Yes - Fee: Determined by
INTEREST RATE - Legal:             Applies to COD sales only       commissioner
8% Post - Judgment 15%
annual (less than $30,000) T-      GENERAL                         MICHIGAN
Bill rate over $30,000             GARNISHMENT
                                   EXEMPTIONS - Greater of         INTEREST RATE - Legal:
STATUTE OF                         75% of amount to $145 x no.     5% - Judgment 6.953
LIMITATIONS (IN YEARS)             of wks. in which wages due      changes semi-annually -
- Open Acct: 6 - Written           were earned, except in          Usury limit 25%
Contract 6 + 20 (with              Caroline, Worchester, Kent
attestment) - Domestic             & Queen Anne's Counties,
                                                                   STATUTE OF
Judgment 20 - Foreign              see federal law. Exemption is
                                                                   LIMITATION (IN YEARS) -
Judgment 20                        up to $3,000 in cash and/or     Open Acct: 6 - Written
                                   property                        Contract 6 - Sales (UCC)
BAD CHECK LAWS                                                     Contract 4 - Domestic
(CIVIL PENALTY) -                  COLLECTION AGENCY               Judgment 10 renewable -
Amount due, court costs,           BOND & LICENSE - Bond:          Foreign Judgment 10
service costs & collection         $5,000 each office - License:
costs                              Yes - Fee: $150 each office
                                                                   BAD CHECK LAWS
                                                                   (CIVIL PENALTY) - Twice
GENERAL                                                            the amount of check - not to
GARNISHMENT                                                        exceed $500. Retail Claims -
EXEMPTIONS - You may                                               Notice Requirements
garnish 25% of disposable
GENERAL                          MISSISSIPPI                     GENERAL
GARNISHMENT                                                      GARNISHMENT
EXEMPTIONS - See federal         INTEREST RATE - Legal:          EXEMPTIONS - See Federal
law                              8% - Judgment amount in         law; exempt 90% of week’s
                                 contract if no contract         net pay, head of household,
COLLECTION AGENCY                amount court decides            single person w/o depend. =
BOND & LICENSE                                                   75%
(RETAIL ONLY) - Bond:            STATUTE OF
$5,000 - $50,000 - License:      LIMITATIONS (IN YEARS)          MONTANA
Yes - Fee: $150 -                - Open Acct: 3 - Written
Investigation $225 - Initial     Contract 3 UCC: 6 -             INTEREST RATE - Legal:
$125- Annually                   Domestic Judgment 7 -           10% - Judgment 10%
                                 Foreign Judgment 7 (3 if
MINNESOTA                        resident)                       STATUTE OF
                                                                 LIMITATIONS (IN YEARS)
INTEREST RATE - Legal:           BAD CHECK LAWS                  Contract not in writing 5 -
6% - Judgment 5% (Changes        (CIVIL PENALTY) - On            Written Contract 8 -
Yearly) Business or              checks $100 or more - not       Domestic Judgment 10
Agricultural Loan: 4½% over      more than $1000 fee + court     (District Court) - Justice of
federal discount rate            may impose fee of no more       Peace Judge 10 - Tort Claim
                                 than 85% of the check value.    (Subrogation) Prop &
STATUTE OF                       Criminal penalties &            Personal 3
LIMITATIONS (IN YEARS)           restitution apply
- Goods Sold & Delivered                                         BAD CHECK LAWS
(UCC): 4 - Open Acct: 6 -        GENERAL                         (CIVIL PENALTY) - $100
Written Contract 6 -             GARNISHMENT                     minimum or 3 times face
Transportation Service: 3 -      EXEMPTIONS - See federal        value up to $ 500 plus face
Domestic Judgment 10 -           law                             value of check and under
Foreign Judgment 10                                              UCC the value of the check
                                 COLLECTION AGENCY               plus $30 service charge per
BAD CHECK LAWS                   BOND & LICENSE - Bond:          check
(CIVIL PENALTY) -                No - License: City - Business
Amount due, $100 penalty,        Fee: $15-$50                    GENERAL
judgment interest rate,                                          GARNISHMENT
reasonable attorneys fees (if    MISSOURI                        EXEMPTIONS - See Federal
check over $1250), $15                                           law. State law provides for
service charge                                                   executions
                                 INTEREST RATE - Legal:
                                 9% - Judgment 9%
GENERAL                                                          NEBRASKA
GARNISHMENT
                                 STATUTE OF
EXEMPTIONS - Greater of                                          INTEREST RATE - Legal:
                                 LIMITATIONS (IN YEARS)
75% or amount to 40 times                                        12% per written instrument
                                 - Sale of Goods 4 - Open
the federal minimum hourly       Acct: 5 - Written Contract 10   or contract rate - Judgment
wage                             (Money & Property) -            2% above the bond
                                 Domestic Judgment 10            investment yield of the 28
COLLECTION AGENCY                (Revived every 10 year) -       week U.S. Treasury Bill
BOND & LICENSE - Bond:           Foreign Judgment 10
$20,000 - License: Yes - Fee:    (revived every 10 years)        STATUTE OF
$1,000 - Initial $400 - Annual                                   LIMITATIONS (IN YEARS)
$10 - Per Collector                                              Open Acct: 4 - Written
                                 BAD CHECK LAWS
                                 (CIVIL PENALTY) - Three         Contract 5 - Domestic
                                 times face amount owed plus     Judgment 5 renewable every
                                 attorney’s fees                 5 - Foreign Judgment 5 non-
                                                                 renewable
BAD CHECK LAWS                 STATUTE OF                       NEW MEXICO
(CIVIL PENALTY) -              LIMITATIONS (IN YEARS)
Amount due, costs, protest     Open Acct: 3 - For Goods 4 -     INTEREST RATE -
fees                           Written Contract 3 -             Judgment 8.75% (in the
                               Domestic Judgment 20 -           absence of a written contract)
GENERAL                        Foreign Judgment 20
GARNISHMENT                                                     STATUTE OF
EXEMPTIONS - Greater of        BAD CHECK LAWS                   LIMITATIONS (IN YEARS)
75% disposable earnings        (CIVIL PENALTY) -                Open Acct: 4 - Written
(85% if head of household),    Amount due, interest, court      Contract 6 - Domestic
or 30x federal minimum         costs, reasonable attorneys’     Judgment 14 - Foreign
hourly wage                    fees & $10 per business day      Judgment 14
                               (max $500). If statutory
NEVADA                         notice is sent. (RSA 544-B)      BAD CHECK LAWS
                                                                (CIVIL PENALTY) -
INTEREST RATE - Contract       GENERAL                          Amount due, triple damages
rate always prevails. If no    GARNISHMENT                      up to $500 per check.
contract: Pre-Judgment:        EXEMPTIONS - 50 x federal        Complex requirements need
Statutory rate = 2% Over       minimum hourly wage - All        to be met
prime as determined by 3       future wages are exempt so
largest NV banks and           that the court cannot issue an
                                                                GENERAL
adjusted every 6 months.       ongoing order
                                                                GARNISHMENT
Judgment: Same as pre-                                          EXEMPTIONS - Greater of
judgment                       NEW JERSEY                       75% or amount each wk = to
                                                                40 times federal minimum.
STATUTE OF                     INTEREST RATE - Legal:           hourly wage
LIMITATIONS (IN YEARS)         up to 30% - as provided for
Open Acct: 4 - Written         by contract - Judgment           NEW YORK
Contract 6 - Lease 4 -         changes yearly. In 2005 - 1%
Domestic Judgment 6 -          on Judgments up to $15,000.
                                                                INTEREST RATE - Legal:
Foreign Judgment 6             On judgments in excess of
                                                                16% - Judgment 9%
                               $15, 000, an additional 2% is
BAD CHECK LAWS                 added to the interest rate
                                                                STATUTE OF
(CIVIL PENALTY) -
                                                                LIMITATIONS (IN YEARS)
Amount due, protest fees       STATUTE OF
                                                                Open Acct: 6 - Sale of Goods
three times check amount not   LIMITATIONS (IN YEARS)
                                                                4 - Written Contract 6 -
more than $500, or less than   Open Acct: 6 - Sale of Goods
                                                                Domestic Judgment 20 (10
$100                           4 - Written Contract 6 -         yr. renewable lien) - Foreign
                               Domestic Judgment 20 -           Judgment 20 (10 yr.
GENERAL                        Foreign Judgment 20
                                                                renewable lien)
GARNISHMENT
EXEMPTIONS - Wages no          BAD CHECK LAWS
                                                                BAD CHECK LAWS
more than 25% of Disposable    (CIVIL PENALTY) - Face           (CIVIL PENALTY) - Face
earnings for each week or 30   amount of the check plus 3x      value of check plus two times
times federal minimum          the face value of the check,
                                                                check amount up to a
hourly wage (Whichever is      with the civil penalty not to
                                                                maximum of $400 on NSF or
less) except for support       exceed $500
                                                                $750 on "no account"
orders
                                                                (Demand prescribed by law).
                               GENERAL                          GEN.OB.1.1-104
NEW HAMPSHIRE                  GARNISHMENT
                               EXEMPTIONS - $154.50
                                                                GENERAL
INTEREST RATE -                wk. min. 10% of gross
                                                                GARNISHMENT
Judgment 2005-4%               earnings $154.50 & over          EXEMPTIONS - 90% of
                                                                earnings, except 1st $154.50
wk. wholly exempt (only if        75% or amount each wk = to       BAD CHECK LAWS
the person earns minimum          40 x federal minimum hourly      (CIVIL PENALTY) - N/A
wage)                             wage, plus $20.00 for each
                                  household dependent              GENERAL
NORTH CAROLINA                                                     GARNISHMENT
                                  OHIO                             EXEMPTIONS - State law:
INTEREST RATE - Legal:                                             75% of earnings exempted,
8% - Judgment 8%                  INTEREST RATE - Legal:           more if hardship established.
                                  1% above short rate pursuant     All federal exemptions apply
STATUTE OF                        to Ohio Revised code 134303
LIMITATIONS (IN YEARS)            (for 2005 rate is 5%) -          OREGON
Open Acct: 3 - Sale of Goods      Judgment 10% (unless
4 - Written Contract 6 -          written contract)                INTEREST RATE -
Domestic Judgment 10 -                                             Statutory + Judgment: 9%
Foreign Judgment 10               STATUTE OF                       simple interest per annum
                                  LIMITATIONS (IN YEARS)           (unless specified by contract)
BAD CHECK LAWS                    Open Acct: 6 - Sales Contract
(CIVIL PENALTY)- 30 day           (UCC2-725) - Written             STATUTE OF
written demand lesser of          Contract 15 - Domestic           LIMITATIONS (IN YEARS)
$500 or 3x check amount but       Judgment 21 renew every 5 -      Open Acct: 6 - Sale of Goods
no less than $100                 Foreign Judgment 21 renew        6 (4 yrs UCC Transaction) -
                                  every 5                          Written Contract 6 -
GENERAL                                                            Domestic Judgment 10
GARNISHMENT                       BAD CHECK LAWS                   renewable at 10 - Foreign
EXEMPTIONS - 100% of              (CIVIL PENALTY) - The            Judgment 10
last 60 days’ earnings for        greater of $200 or three times
family support. Garnishment       the amount of check and          BAD CHECK LAWS
only by political subdivisions    attorney fees (no maximum)       (CIVIL PENALTY) - Can
for taxes, ambulance fee, etc                                      recover reasonable attorney
                                  GENERAL                          fees & statutory damages of
NORTH DAKOTA                      GARNISHMENT                      three times the amount of the
                                  EXEMPTIONS - See federal         NSF check or $500
INTEREST RATE - Legal:            law. Effective 3/30/99 Ohio      maximum if demand letter is
                                  allows continuing                sent to debtor 30 days before
6% - Judgment 12%
                                  garnishments                     suit is filed
STATUTE OF
LIMITATIONS (IN YEARS)            OKLAHOMA                         GENERAL
- Open Acct. for services: 6 -                                     GARNISHMENT
                                  INTEREST RATE - Legal:           EXEMPTIONS - 75% of
Sale of Goods 4 - Written
                                  6% unless specified in           disposable earnings over and
Contract 6 - Domestic
                                  contract - Judgment 5.63%        above minimum wage
Judgment 10 renewable -
Foreign Judgment 10               for 2003 (4% over U.S.
renewable                         Treasury Bill Rate of            PENNSYLVANIA
                                  previous year)
BAD CHECK LAWS                                                     INTEREST RATE - Legal:
(CIVIL PENALTY) -                 STATUTE OF                       6% - Judgment 6%
Amount due, collection fees       LIMITATIONS (IN YEARS)
of $25 and civil penalty by       Sale of Goods Governed by        STATUTE OF
civil action for lesser of $200   UCC: 5 - Open Acct: 3 -          LIMITATIONS (IN YEARS)
or 3x check amount                Written Contract 5 -             Open Acct: 4 - Written
                                  Domestic Judgment 5              Contract 4 - Domestic
GENERAL                           renewable - Foreign              Judgment 5 (writ of revival
GARNISHMENT                       Judgment 5 renewable             within 5 yrs) - Foreign
EXEMPTIONS - Greater of                                            Judgment 4
BAD CHECK LAWS                 Amount of check, $25 fee &     GENERAL
(CIVIL PENALTY) - N/A          treble damage up to $1000      GARNISHMENT
                                                              EXEMPTIONS - 20% of the
GENERAL                        GENERAL                        individual’s disposable
GARNISHMENT                    GARNISHMENT                    earnings for a continuing lien
EXEMPTIONS - 100% of           EXEMPTIONS - See federal
wages, certain pensions,       law                            TENNESSEE
retirement accounts & Keogh
plan under certain             SOUTH CAROLINA                 INTEREST RATE - Legal:
circumstances and $300                                        10% - Judgment 10% (or
                               INTEREST RATE - Legal:         contract rate, whichever is
PUERTO RICO                    8.75% - Judgment 12%           greater)

INTEREST RATE - Legal:         STATUTE OF                     STATUTE OF
6% changes every 6 months      LIMITATIONS (IN YEARS)         LIMITATIONS (IN YEARS)
Judgment regulated by the      Open Acct: 3-see SC Code       Open Acct: 6 - Written
Commissioner of the Board      Section 36-2-725 - Sale        Contract 6 - Domestic
of Financial Institutions      Goods (UCC): 6 - Written       Judgment 10 - Foreign
every 6 months                 Contract 3 - Domestic          Judgment 10
                               Judgment 10 - Foreign
STATUTE OF                     Judgment 10 - Written          GENERAL
LIMITATIONS (IN YEARS)         Contract under Seal 20         GARNISHMENT
- Open Acct: 3 - Merchandise                                  EXEMPTIONS - See federal
Open Acct: 3 - Written         BAD CHECK LAWS                 law. Add $2.50 per wk. for
Contract 15 - Mortgage 20 -    (CIVIL PENALTY) - Court        dependent child under 16
Domestic Judgment 15 -         costs amount of check &
Foreign Judgment 15            damages up to $500 or 3x       TEXAS
                               check amount whichever is
BAD CHECK LAWS                 smaller. See SC Code Section   INTEREST RATE - Legal:
(CIVIL PENALTY) - See          34-11-90 for requirements to   18% with an agreement; can
articles 1851-1856 of the      collect damages                charge up to 6% without
Puerto Rico Penal Code                                        agreement - Judgment 5.5%
regarding bad check laws       GENERAL
                               GARNISHMENT                    STATUTE OF
GENERAL                        EXEMPTIONS -                   LIMITATIONS (IN YEARS)
GARNISHMENT                    Garnishment not available in   - Open Acct:4 - Written
EXEMPTIONS - 75% of last       South Carolinas                Contract 4 - Promissory Note
30 days earnings for family                                   6 - Domestic Judgment 10
support                        SOUTH DAKOTA                   renewable - Foreign
                                                              Judgment 10 renewable
RHODE ISLAND                   INTEREST RATE - Legal:
                               12% - Judgment 10%             BAD CHECK LAWS
INTEREST RATE - Legal:                                        (CIVIL PENALTY) - N/A
12% - Judgment 12%             STATUTE OF
                               LIMITATIONS (IN YEARS)         GENERAL
STATUTE OF                     Open Acct: 6 - Sale of Goods   GARNISHMENT
LIMITATIONS (IN YEARS)         4 - Written Contract 6 -       EXEMPTIONS - 100% of
Open Acct:10 - Written         Domestic Judgment 10           Wages
Contract 10 - Domestic         renewable for 10 - Foreign
Judgment 20 - Foreign          Judgment 10                    UTAH
Judgment 20
                               BAD CHECK LAWS                 INTEREST RATE - Legal:
BAD CHECK LAWS                 (CIVIL PENALTY) - N/A          10% - Judgment 3.41%
(CIVIL PENALTY) -
STATUTE OF                       VIRGINIA                          75% or $206 wk. (30 x state
LIMITATIONS (IN YEARS)                                             minimum hourly wage)
- Open Acct: 4 - Written         INTEREST RATE - Legal:
Contract 6 - Domestic            8% - Judgment 9% or               WEST VIRGINIA
Judgment 8 - Foreign             contract rate whichever is
Judgment 8                       higher                            INTEREST RATE - Legal:
                                                                   6% (Contract rate prevails.
BAD CHECK LAWS                   STATUTE OF                        Contract rate can vary
(CIVIL PENALTY) -                LIMITATIONS (IN YEARS)            between 18% and 31% max)
Certified statutory bad check    Open Acct: 3 Last charge or       Judgment 10%
notice must be sent. Amount      payment - Written Contract 5
due, interest, court costs,      Domestic Judgment 20 -            STATUTE OF
reasonable attorney’s fees,      Foreign Judgment 10 - Sales       LIMITATIONS (IN YEARS)
plus damage equal to greater     of goods under article 2 is 4     Open Acct: 5 - Written
of $100 or three times check     years                             Contract 10 - Domestic
amount (not to exceed check
                                                                   Judgment 10 - Foreign
amount plus $500)
                                 BAD CHECK LAWS                    Judgment 10
                                 (CIVIL PENALTY) - Lesser
GENERAL                          of $250 or three times check      BAD CHECK LAWS
GARNISHMENT                      amount                            (CIVIL PENALTY) -
EXEMPTIONS - $142.50 of
                                                                   Amount due, service charge
disposable earnings for
                                 GENERAL                           up to $10. If check is under
wages paid weekly
                                 GARNISHMENT                       $500.00 = misdemeanor.
                                 EXEMPTIONS - See federal          Over $500.00 = felony
VERMONT                          law
                                                                   GENERAL
INTEREST RATE - Legal:           WASHINGTON                        GARNISHMENT
12% - Judgment 12%                                                 EXEMPTIONS - See West
                                 INTEREST RATE - Legal:            VA code 38-5A-3-Employees
STATUTE OF                       12% - Judgment 12%                with hold 20% of disposable
LIMITATIONS (IN YEARS)                                             income or 30x the minimum
Retail Installment Contracts 3   STATUTE OF                        hourly rate, whichever is less.
Witnessed Promissory Note        LIMITATIONS (IN YEARS)            Other exemptions apply
14 - Open Acct: 6 - Written
                                 Open Acct: 6 - Written
Contract 6 - Domestic                                              WISCONSIN
                                 Contract 6 - Domestic
Judgment 8 - Foreign
                                 Judgment 10 renewable -
Judgment 8
                                 Foreign Judgment 10               INTEREST RATE - Legal:
                                 renewable                         5% - Judgment 12%
BAD CHECK LAWS
(CIVIL PENALTY) - Court
                                 BAD CHECK LAWS                    STATUTE OF
costs, amount of check,
                                 (CIVIL PENALTY) - Interest        LIMITATIONS (IN YEARS)
attorney’s fees, and damage
                                 at rate specified in instrument   Open Acct: 6 - Written
of $50. (Notices required)       or, if no specified rate, 12%     Contract 6 - Domestic
                                 interest plus collection costs    Judgment 20 - Foreign
GENERAL                          up to $40. If taken to court,     Judgment 20
GARNISHMENT                      reasonable attorney’s fees, 3
EXEMPTIONS - 75% of              x value, or up to $800. Have      BAD CHECK LAWS
earning above minimum            6 years to enforce a bad          (CIVIL PENALTY) -
wage or what is necessary to     check                             Amount of check plus actual
live. 85% if personal, family
                                                                   damages + exemplary
or house held debt.
                                 GENERAL                           damages up to three times
                                 GARNISHMENT                       value of check. Limited to
                                 EXEMPTIONS - Greater of           $300
GENERAL
GARNISHMENT
EXEMPTIONS - 80% of net
pay

WYOMING

INTEREST RATE - Legal:
7% - Judgment contract rate
or 10% judgment rate

STATUTE OF
LIMITATIONS (IN YEARS)
Open Acct: 8 - Written
Contract 10 - Domestic
Judgment 5 - Foreign
Judgment 5

BAD CHECK LAWS
(CIVIL PENALTY) - Three
times amount of check but
not less than $100 plus
collection fee of $30

GENERAL
GARNISHMENT
EXEMPTIONS - See federal
law for consumer credit sale,
lease or loan. Up to 65% for
child support arrearage.

								
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