Part 8 — Garnishment
81 Employment earnings
employment earnings from the enforcement debtor's employer, the
following applies:
(a) in any month during which a garnishee summons is in
effect, the garnishee summons attaches the amount, if any,
by which an enforcement debtor's net pay for the month
exceeds the enforcement debtor's actual employment
earnings exemption for the month;
(b) the employment earnings that are attached by a garnishee
summons in any month must, at the end of the enforcement
debtor's last pay period that ends during the month, be paid
by the garnishee to the clerk who issued the garnishee
summons;
(c) at the end of an enforcement debtor's last pay period for
each month during which a garnishee summons is in effect,
the garnishee shall deliver to the clerk who issued the
garnishee summons a statement setting out
(i) the enforcement debtor's total employment earnings for
the pay periods that ended during the month,
(ii) the number of the enforcement debtor's dependants, and
(iii) the particulars of any amounts deducted in calculating
the enforcement debtor's net pay for the month;
RSA 2000
(d) subject to clause (e), an enforcement debtor's actual
employment earnings exemption for any month is the sum
of
(i) the enforcement debtor's minimum exemption, and
(ii) one half of any amount by which the enforcement
debtor's net pay exceeds the enforcement debtor's
minimum exemption;
(e) an enforcement debtor's actual employment earnings
exemption for any month shall not exceed the enforcement
debtor's maximum exemption;
(f) an enforcement debtor's minimum and maximum
employment earnings exemption for any month must be
determined in accordance with the regulations;
(g) if the enforcement debtor earns employment income from
more than one source, the Court on application may reduce
or eliminate the enforcement debtor's actual exemption that
is applicable to any source of employment income;
(h) if an enforcement debtor's employment earnings from a
particular source vary substantially between months by
reason that the enforcement debtor is paid
(i) at intervals in excess of one month,
(ii) at irregular intervals, or
(iii) in irregular amounts,
the Court on application ma y increase the minimum or
maximum exemption for any particular month, so that the
enforcement debtor's total exemptions over the course of the
garnishment proceedings will approximate what they would
have been if the enforcement debtor's employment earnings
had been uniformly distributed over the relevant months;
(i) a garnishee's compensation fo r dealing with the garnishee
summons as permitted under this Part must always be
included in the calculation of the amount attached by a
garnishee summons, but may actually be deducted from the
enforcement debtor's employment earnings only where the
debtor's net pay exceeds the enforcement debtor's actual
exemption;
(j) the portion of an enforcement debtor's employment earnings
that is exempt from garnishment and the portion that is
RSA 2000
attached by a garnishee summons issued in respect of a
judgment for the payment of support, maintenance or
alimony must be determined in accordance with the
Maintenance Enforcement Act;
(k) an interruption of less than 60 days in an enforcement
debtor's employment is not to be taken into account in
determining the effect of a garnishee summons issued
against the enforcement debtor's employment earnings.
(2) Sections 79(3)(b) and 80 do not apply to a garnishee summons
issued against employment earnings.
RSA 2000 cC-15 s81;2002 c17 s1(13);2003 cF-4.5 s115;
2011 c20 s3