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3004 - Garnishments
Under State law, UCA 78-27-16, all garnishments must be served upon the City Recorder. Immediately upon receipt, the City Recorder should provide the garnishment information to the Human Resources division.
The Human Resources division should notify the employee whose wages are being garnished, either verbally or in writing, that a garnishment has been served. The Human Resources division should then follow out the instructions as set forth in the garnishment documents.
Based upon state law, UCA 70C-7-104, no employee may be discharged because his earnings have been subject to garnishment in connection with any one judgment.
However, repeated judgments, i.e. more than four a year, begin to reflect poorly on the City and in addition may cause excessive administrative burdens in processing them. In instances where more than four judgments per year are occurring, the Supervisor may require the employee to seek assistance in managing their affairs to prevent reoccurrence. Such excessive use of garnishments may be penalized through the performance evaluation process.
Section 21-7-20 of the Utah Code requires that a creditor who serves or causes to be served a Writ of Garnishment upon the Garnishee shall pay the Garnishee Ten Dollars ($10.00) for a single garnishment and Twenty-Five Dollars ($25.00) for a continuing garnishment. The creditor is responsible for paying that fee directly to the Garnishee. The City should collect this fee from the garnish or in each case where a garnishment is served on the City to cover the costs of administrative handling of the garnishment.
Any questions regarding garnishments and how they are handled and their effect upon an employee's check or employment status should be directed to the Personnel Department. Any employee who is contacted by someone attempting to serve a garnishment should direct the process server to the City Recorder's office for appropriate service.
Amended, 12/6/2004, Previous Policy 3004