Kentucky Statutes 532.160 – Criminal garnishment
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(1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with KRS § 23A.205, 24A.175, 534.020, and KRS § 534.060, issue a criminal garnishment order for all fines under KRS Chapter 534 or KRS § 49.480 and for court costs, restitution, and reimbursement charges in this chapter.
(2) A criminal garnishment applies to any of the following:
(a) A convicted person’s earnings as defined in KRS § 427.005;
(b) Indebtedness that is owed to a convicted person by a garnishee for amounts that are not earnings;
(c) Money that is held by a garnishee on behalf of a convicted person;
(d) The convicted person’s personal property that is in the possession of a garnishee; or
(e) If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a convicted person.
(3) The debt associated with a criminal garnishment shall constitute a charge against the estate of any decedent owing moneys under this chapter.
(4) The sentencing court shall combine all fines, court costs, restitution, and reimbursement charges in a single order of garnishment.
(5) The sentencing court shall require payment of restitution to the victim of the offense before payments of any moneys to the government or a government agency.
(6) The court shall order payments made under this section to be paid by the defendant directly to the person or organization specified by written order of the court. The court shall not order payments of an order of criminal garnishment to be made through the circuit clerk, except for those payments due from a person under the supervision of the Department of Corrections.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 74, sec. 103, effective June 29, 2017. — Amended 2002 Ky. Acts ch. 183, sec. 31, effective August 1, 2002. — Created
1998 Ky. Acts ch. 606, sec. 172, effective July 15, 1998.
(2) A criminal garnishment applies to any of the following:
Terms Used In Kentucky Statutes 532.160
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Personal property: All property that is not real property.
- Reimbursement: means payment of expenses associated with incarceration, including but not limited to medical expenses, food, and lodging. See Kentucky Statutes 532.350
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restitution: means any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act. See Kentucky Statutes 532.350
(a) A convicted person’s earnings as defined in KRS § 427.005;
(b) Indebtedness that is owed to a convicted person by a garnishee for amounts that are not earnings;
(c) Money that is held by a garnishee on behalf of a convicted person;
(d) The convicted person’s personal property that is in the possession of a garnishee; or
(e) If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a convicted person.
(3) The debt associated with a criminal garnishment shall constitute a charge against the estate of any decedent owing moneys under this chapter.
(4) The sentencing court shall combine all fines, court costs, restitution, and reimbursement charges in a single order of garnishment.
(5) The sentencing court shall require payment of restitution to the victim of the offense before payments of any moneys to the government or a government agency.
(6) The court shall order payments made under this section to be paid by the defendant directly to the person or organization specified by written order of the court. The court shall not order payments of an order of criminal garnishment to be made through the circuit clerk, except for those payments due from a person under the supervision of the Department of Corrections.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 74, sec. 103, effective June 29, 2017. — Amended 2002 Ky. Acts ch. 183, sec. 31, effective August 1, 2002. — Created
1998 Ky. Acts ch. 606, sec. 172, effective July 15, 1998.