§ 26-2-222. Garnishment Procedure for State Officers or Employees
In case of garnishment of officers, employees, contractors, or vendors of the state, garnishment notice may issue from any court or any court of record and shall be served upon the commissioner of that department in which such officer, employee, contractor, or vendor shall be engaged, or with which the garnishee is connected. The date […]
§ 26-2-223. No Wages Due Garnisheed Employee — Judgment Null and Void
In any case where judgment is obtained under §§ 26-2-205 — 26-2-208, if there are no wages due such employee so garnished, such judgment shall be void and unenforceable.
§ 26-2-224. Time for Execution When Multiple Writs Exist
Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor’s wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed […]
§ 26-2-225. Notifying Judgment Creditor of New Employment
A judgment debtor whose salaries, wages or other compensation are subject to a garnishment shall notify the judgment creditor who filed the writ of garnishment within ten (10) days, as computed in § 1-3-102, of obtaining any new employment. Notice to the judgment creditor shall be by certified mail and shall include the name, address […]
§ 26-2-301. Basic Exemption
An individual, whether a head of family or not, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by the individual or the individual’s spouse or dependent, as a principal place of residence. The aggregate value of such homestead exemption shall not exceed five thousand dollars […]
§ 26-2-302. Life Estates and Equitable Estates
Section 26-2-301 shall apply to life estates and equitable estates which are owned by an individual and used by the individual or individual’s spouse or dependent as a principal place of residence. The homestead exemption in such estates shall be set apart as the court may prescribe in ordering the sale.
§ 26-2-303. Leasehold Estates
Section 26-2-301 shall apply to leasehold real property which is possessed and used by an individual, an individual’s spouse, or an individual’s dependent, as a principal place of residence, provided such leasehold estate is for more than two (2) and not exceeding fifteen (15) years. The homestead exemption upon leasehold estates shall not be exempt […]
§ 26-2-304. Insurance Proceeds From Homestead
All moneys arising from insurance on a homestead which is destroyed by fire, or by other disaster, shall be exempt in an amount not to exceed five thousand dollars ($5,000). This insurance exemption shall not operate so as to exclude the interest of any mortgagee at the time of the insurance loss so long as […]
§ 26-2-214. Garnishment of Compensation Due From Garnishee
Upon the garnishment of earnings due from a garnishee, the garnishee shall: Pay the judgment debtor the amount of such debtor’s exempt earnings; Submit as a part of the judgment debtor’s answer to the garnishment a statement of the judgment debtor’s dependent children under sixteen (16) years of age who are residents of this state; […]
§ 26-2-215. Employer to Remit Withheld Moneys to Court
The employer garnishee shall remit to the court all moneys withheld as provided under § 26-2-214 not less than one (1) time each calendar thirty (30) days.