The House Judiciary heard HB 1358, concerning garnishment of tax refunds, authored by Reps. Cox, Steurwald, DeLaney, and Dermody. This legislation provides that if a debt has been reduced to a judgment in Indiana and the judgment has not been satisfied, set aside, or discharged in bankruptcy, the judgment creditor may garnish a state tax refund otherwise due to the debtor. Further, it specifies the procedures that the judgment creditor must follow in obtaining the garnishment from the Department of State Revenue, and allows a writ of garnishment to be electronically filed with the Department of State Revenue.
A representative from the United Way wanted to ensure the bill follows the Fair Debt Collection Act provisions, and a representative from the creditors bar testified in support of the bill. Rep. Cox introduced an amendment requiring the writ of notice to be electronically sent to the Department of State Revenue. The amendment was adopted by consent, and the bill passed 7-0.
Read the bill at http://iga.in.gov/legislative/2015/bills/house/1358.