Miller v. Keeling

The opinion of the court was delivered by

Price, J.:

The question here involves the validity of that provision of our statute (G. S. 1949, 60-3495) which precludes garnishment of a portion of the earnings of a judgment debtor where the creditor sells, assigns, sends or delivers the account to a collecting agency for collection.

The trial court held the provision in question to be unconstitutional and void.

Defendant judgment debtor has appealed.

The facts are not in dispute.

Defendant was indebted to the Nu-Tone Products Co. on an open account. The company sold and assigned the account to plaintiff…