Title 12, Courts and Civil Proceedings

A. The provisions of this article are applicable to garnishments of any of the following: 1. Indebtedness owed to a judgment debtor by a garnishee for monies which are not earnings as defined in section 12-1598, paragraph 4. 2. Monies held by a garnishee on behalf of a judgment d…

A. The clerk of the court or justice of the peace shall issue writs of garnishment, returnable to their respective courts, upon the filing of the application required by section 12-1572 and the bond required by section 12-1573. B. City and town magistrates may issue writs of garn…

A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person on the judgment creditor's behalf makes an application in writing. The application shall contain the following: 1. A statement that the applicant is a judgment creditor. 2. A st…

If a garnishment is requested and no judgment has been entered, a writ shall not be issued until the judgment creditor executes and delivers to the court a bond payable to the judgment debtor in the amount of the debt claimed therein, conditioned that the judgment creditor will p…

A. When the judgment creditor has complied with the applicable provisions of sections 12-1572 and 12-1573, the clerk, justice of the peace or city or town magistrate shall issue a writ of garnishment of monies or property and a summons commanding the garnishee to appear before th…

A. Monies owing to a judgment debtor by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the poss…

A. From and after the service of all of the documents required to be served pursuant to section 12-1574 the garnishee shall not pay to the judgment debtor any monies or deliver to him any personal property which is not exempt, and the garnishee, if a corporation in which the judg…

The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days after being served with the writ.

A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judg…

A. A party who has an objection to the writ of garnishment, the answer of the garnishee or the amount held by the garnishee or a party claiming an exemption from garnishment, not later than ten days after the receipt of the answer, may file a written objection and request for hea…

A. If it appears from the answer of the garnishee that he did not owe nonexempt monies to the judgment debtor when the writ was served on him or that he did not have in his possession any nonexempt personal property of the judgment debtor when the writ was served, and if no writt…

Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee's costs and attorney's fee.

If a garnishee fails to answer within the time specified in the writ, the judgment creditor for whom the writ has been issued may petition the court for the issuance of an order requiring the garnishee to appear before the court at a time and place specified in the order to answe…

A. In a garnishment of monies or indebtedness, if the answer shows that the garnishee was indebted to the judgment debtor at the time of service of the writ, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter judg…

A. If the answer shows that the garnishee was holding personal property of the judgment debtor at the time the writ was served, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter an order on the writ against the g…

If no judgment or order is entered against the garnishee within ninety days after the filing of the garnishee's answer, any monies, property, shares or other interest held by the garnishee pursuant to the writ shall be released to the judgment debtor, and the garnishee shall be d…

A. If the garnishee is a corporation and it appears from the answer or otherwise that the judgment debtor is or was when the writ of garnishment was served the owner of any shares of stock in the corporation, or of any interest therein, the court shall give judgment ordering the …

A. When the garnishee is discharged on the garnishee's answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor. B. When there is no written objection to the answer of the garnishee and the garnishee is h…

It shall be a sufficient answer to any claim of the judgment debtor against the garnishee founded on any indebtedness of the garnishee, or on the possession by him of any property, or if the garnishee is a corporation in which the judgment debtor was the owner of shares of stock …

A. If the judgment creditor fails to comply with any duty imposed upon him by this article, the court shall, upon petition of any party to the proceedings affected by such failure and after notice, hold a hearing to determine whether such failure to comply, if any, was occasioned…

A. A bank deposit made in the names of two or more persons shall be subject to garnishment. B. The answering garnishee shall, upon service of the writ, impound all funds then present in the bank account, and shall promptly notify each person who appears from the business records …

A. The court, justice of the peace or city or town magistrate shall provide to the parties, at no charge, copies of the following documents required to be delivered pursuant to section 12-1574: 1. The notice to judgment debtor and request for hearing form. 2. The answer form. 3. …

A. For the purposes of this article, it is presumed that a document has been received five days after it is mailed as provided in section 12-1570, paragraph 1, subdivision (b). B. For the purposes of the article, if a party to the garnishment action mails a document to the addres…

In this article, unless the context otherwise requires: 1. "Debt scheduling" means counseling and assistance provided to persons by a qualified debt counseling organization if: (a) The counseling and assistance are manifested by a written agreement. (b) The persons pay that porti…

A. The provisions of this article are applicable to indebtedness owed to a judgment debtor by a garnishee for monies which are earnings as defined in section 12-1598, paragraph 4. Earnings become monies, as defined in section 12-1570, paragraph 6, upon their disbursement by the e…

The clerk of the court, justice of the peace or city or town magistrate shall issue writs of garnishments of earnings, returnable to that court, only in cases in which a party to that action is a judgment creditor. The city or town magistrate shall issue writs of garnishment only…

A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person on the judgment creditor's behalf makes an application in writing. The application shall state the following: 1. That the judgment creditor is a party in an action to whom a mon…

A. If a party in an action has been awarded a money judgment and has submitted the application provided for in section 12-1598.03, the clerk, justice of the peace or city or town magistrate shall immediately issue a writ and summons of garnishment directed to the sheriff, the con…

A. The writ is a lien on the nonexempt earnings of the judgment debtor from the date of service of the writ until any one of the following occurs: 1. An order of continuing lien is entered. 2. If no order is entered for a period of forty-five days after the date of the filing of …

The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days from service of the writ.

A. A party who has an objection to the writ of garnishment, the answer of garnishee or a nonexempt earnings statement may file a written objection and request for hearing on a form similar to those set forth in section 12-1598.16. The hearing must be requested no later than ten d…

A. The answer of the garnishee shall be under oath, in writing and signed by him and shall make true answers to the writ. If there are more judgment debtors than one, the garnishee shall answer as to each judgment debtor named in the writ. The answer of any garnishee, including a…

If it appears from the answer of the garnishee that he did not employ the judgment debtor at the time the writ was served, would not owe earnings to the judgment debtor within sixty days after service of the writ on the garnishee or the garnishee was unable to determine the ident…

(L21, Ch. 306, sec. 8) A. If it appears from the answer of the garnishee that the judgment debtor was an employee of the garnishee, or that the garnishee otherwise owed earnings to the judgment debtor when the writ was served, or earnings would be owed within sixty days thereafte…

(2022 Prop. 209; Caution: 1998 Prop. 105 applies) A. If it appears from the answer of the garnishee that the judgment debtor was an employee of the garnishee, or that the garnishee otherwise owed earnings to the judgment debtor when the writ was served, or earnings would be owed …

A. An order of continuing lien on nonexempt earnings entered pursuant to this article requires the garnishee to continue to withhold the nonexempt earnings of the judgment debtor for as long as the continuing lien remains in effect. B. Beginning with the pay period during which t…

A. Except as provided in subsection B of this section, as long as the order of continuing lien is in effect the judgment creditor shall issue a report in writing to the garnishee and the judgment debtor within twenty-one days after the end of each calendar quarter. B. The judgmen…

A. If the judgment creditor fails to comply with any duty imposed upon him by this article, the court shall, upon petition of any party to the proceedings affected by such failure and after notice, hold a hearing to determine whether such failure to comply, if any, was occasioned…

A. Except as provided in subsections B and C, conflicting wage garnishments and levies rank according to priority in time of service. B. Garnishments, levies and wage assignments which are not for the support of a person are inferior to wage assignments for the support of a perso…

A. If the garnishee is discharged on the garnishee's answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor. B. If there is no written objection to the answer of the garnishee and the garnishee is held …

A. The court, justice of the peace or city or town magistrate shall provide to the parties, at no charge, copies of the following documents: 1. The initial notice to judgment debtor and request for hearing form required to be delivered pursuant to section 12-1598.04. 2. The notic…

A. For the purposes of this article, it is presumed that a document has been received five days after it is mailed as provided in section 12-1598, paragraph 2, subdivision (b). B. For the purposes of this article, if a party to the garnishment action mails a document to the addre…

The salaries of officers, deputies, clerks and employees of the state or its political subdivisions shall be subject to garnishment as provided in this article, and such garnishment shall not be construed as against public policy.

A. For state employees who are not employees of a state university, the writ of garnishment shall be served upon the assistant director for finance in the department of administration in garnishment of state salaries or wages. For state employees who are employed by a university …

The procedure relating generally to garnishment including the time to answer is applicable to garnishments pursuant to section 12-1601, except that no default judgment as provided in section 12-1583 may be entered against the state.

An officer whose duties are prescribed in this article shall be liable on his official bond to a party aggrieved for failure to perform the duties prescribed by this article.