(1) If the criminal garnishment is made upon the convicted person’s earnings, the order of garnishment shall be a lien upon the earnings from the date of service on the garnishee until an order discontinuing the lien is entered. A convicted person may challenge the garnishment by filing a challenge to the garnishment with the sentencing court. The challenge shall be heard within ten (10) days of its filing or the nearest court date thereafter. Before the hearing, garnishment shall continue. Any moneys which the court determines were improperly garnished shall be repaid to the garnishee not later than thirty (30) days after the determination.
(2) The circuit clerk’s office shall disburse all collected reimbursement, restitution, and fees to the victim, the Crime Victims Compensation Board, or the local government, whichever is appropriate. The clerk shall be entitled to collect a fee of two dollars and fifty cents ($2.50) from each account for which a disbursement is made at the time of disbursement. In the event of challenge to a garnishment, the appropriate clerk’s office shall not disburse those sums associated with the challenged garnishment until determination by the sentencing court regarding the propriety of the garnishment.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 91, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 74, sec. 104, effective June 29, 2017. — Amended 2013 Ky. Acts ch. 69, sec. 6, effective June 25, 2013. — Created 1998 Ky. Acts ch. 606, sec. 173, effective July 15, 1998.