Title 12, Courts and Civil Proceedings

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.

A judgment may be renewed by action thereon at any time within ten years after the date of the judgment, except that an action may not be brought to renew a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018.

A. A judgment for the payment of money that has been entered and docketed in the civil docket or civil order book of the United States district court or superior court, whether originally rendered by it or entered on a transcript of judgment from another court, or recorded with t…

A. The clerk shall docket the affidavit of renewal in the proper docket and shall enter in the proper docket forthwith, after the statement of the original judgment, the date and fact of the renewal, and the amount for which the judgment is renewed. B. The entry and docketing of …

A. Notice of sale under execution shall be made as follows: 1. For the sale of perishable personal property, written notice of the time and place of sale shall be posted in three public places, two of which shall be in the precinct and one at or near the door of the courthouse of…

A. All sales under execution shall be made at public auction to the highest bidder, between the hours of ten a.m. and four p.m. B. After sufficient property has been sold to satisfy the judgment and costs, no more shall be sold. C. No person making the sale shall become a purchas…

The officer may postpone the sale from time to time by continuing the posting and publication of the notice until the day to which the sale is postponed, and appending at the foot thereof upon each successive postponement the following: "The above sale is postponed until the ____…

If the purchaser at the sale under execution does not pay the full bid price and statutory fees within five working days after the sale, the officer shall immediately offer the property to the second highest bidder who may, at his option, purchase the property at his bid. If the …

When the purchaser of personal property capable of manual delivery pays the purchase money, the officer shall deliver the property and if desired, execute and deliver to the purchaser a certificate of sale. If personal property not capable of manual delivery or which may be sold …

A. Upon a sale of real property, the purchaser is substituted to and acquires all the right, title, interest and claim of the judgment debtor thereto. B. When the estate is less than a leasehold of two years unexpired time, the sale is absolute. In all other cases, including sale…

A. When a judgment has been entered and docketed, the judgment creditor, at any time may: 1. Have an order from the court requiring the judgment debtor to appear and answer concerning his property before the court or a referee, at a time and place specified in the order. 2. Have …

A. After issuing an execution and upon proof by affidavit or otherwise, if it appears to the court that a judgment debtor has property which he unjustly refuses to apply toward satisfaction of the judgment, the court may order the judgment debtor to appear at a specified time and…

A. After issuance of an execution, any person indebted to the judgment debtor may pay to the officer holding the writ the amount of his debt or so much thereof as is necessary to satisfy the execution. The officer's receipt shall be a sufficient discharge for the amount so paid. …

A. Witnesses may be required to appear and testify before the court or referee upon any proceeding under this article as upon trial of an action. B. The court may order any property of the judgment debtor not exempt from execution, in the hands of any person or due the judgment d…

A. If it appears that a person alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to the judgment debtor or denies the debt, the court may order the judgment creditor to institute an action for recovery of such inte…

Any person bound as surety upon a contract for payment of money or performance of an act, when the right of action has accrued, may require, by notice in writing, the creditor or obligee forthwith to bring an action upon the contract. If the creditor or obligee, not being under l…

A. When an action is brought against two or more defendants upon a contract, and one or more of the defendants are surety for the others, the surety may cause the issue of suretyship between the defendants to be tried and determined at any time before the trial, but such proceedi…

A. When a person who is surety on an undertaking is compelled to pay a judgment or part thereof, or makes a payment upon a judgment by reason of suretyship, such judgment shall not be discharged by such payment but shall remain in force for the use of the surety and shall be cons…

If there is more than one surety and one or more of them has failed to pay his proportionate part of the judgment, execution may issue, as provided in section 12-1643, against the principal for the use of the surety who has paid more than his proportionate part for the whole amou…