SB214 - Corporation, limited liability company, etc.; service of garnishment summons.

1 Co-Sponsor

Service of garnishment summons upon corporation, limited liability company, etc.; garnishment designee. Requires a summons for garnishment against a corporation, limited liability company, limited partnership, financial institution, or other entity authorized to do business in the Commonwealth to be served on the garnishment designee, as that term is defined in the bill, of such corporation, limited liability company, limited partnership, financial institution, or other entity, unless such garnishment designee is also the judgment debtor. The bill provides alternative methods of service if the judgment creditor certifies that such corporation, limited liability company, limited partnership, financial institution, or other entity has no garnishment designee, such garnishment designee cannot be found at the designated address, or such garnishment designee is also the judgment debtor. Before a judgment creditor serves the registered or statutory agent of a financial institution, such creditor shall further certify that after exercising due diligence, no managing employee, as that term is defined in the bill, could be found, that such managing employee is the judgment creditor, or that such service has been authorized or requested by such institution. The bill has a delayed effective date of January 1, 2025. Service of garnishment summons upon corporation, limited liability company, etc.; garnishment designee. Requires a summons for garnishment against a corporation, limited liability company, limited partnership, financial institution, or other entity authorized to do business in the Commonwealth to be served on the garnishment designee, as that term is defined in the bill, of such corporation, limited liability company, limited partnership, financial institution, or other entity, unless such garnishment designee is also the judgment debtor. The bill provides alternative methods of service if the judgment creditor certifies that such corporation, limited liability company, limited partnership, financial institution, or other entity has no garnishment designee, such garnishment designee cannot be found at the designated address, or such garnishment designee is also the judgment debtor. Before a judgment creditor serves the registered or statutory agent of a financial institution, such creditor shall further certify that after exercising due diligence, no managing employee, as that term is defined in the bill, could be found, that such managing employee is the judgment creditor, or that such service has been authorized or requested by such institution. The bill has a delayed effective date of January 1, 2025.