Check out some similar questions!

gabbieb70 · Jul 18, 2011, 10:46 AM

Does the new garnishment law change a garnishment that was already in place? My husband has a garnishment on him from 2009. It is 25% after $500. The new law is 25% after $750. I think this should change his garnishment too. It is only fair. Please let me know. He went to court, but the judge said he would have to look in to it.

AK lawyer · Jul 18, 2011, 11:48 AM

If the pertinent statute was amended after the writ of garnishment was issued, it is doubtful that the writ is changed.

Although he may have moved to modify the writ, chances of that happening are slim, in my opinion.

Fr_Chuck · Jul 18, 2011, 07:43 PM

Agreed, it will not automatically change any existing garnishment, he could make a motion in court asking for the new law to apply, but it is doubtful the court would, but some judges like writing law from the bench. Trying to use their case to effect other future cases.

Next fair is not a legal reason, just as in criminal cases, when criminal law changes, those sentenced under old laws are not automatically changed.