§ 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.
§ 26-2-216. Installment Payments to Obtain Stay of Garnishment — Service of Garnishment Summons
After any judgment has been rendered in any court and the time to appeal therefrom has elapsed without such an appeal having been made, the judge of the court which rendered the judgment may, either before or after the issuance and service of garnishment, upon written consent of the parties or upon written motion of […]
§ 26-2-217. Payments — Records — Delinquency — Notice of Balance or of Satisfaction
The clerk shall keep a record in such cause of all payments to and disbursements by the clerk. Upon failure of such judgment debtor to comply with such order, the clerk shall make notation thereof on the record in such cause, and thereupon the stay of execution by garnishment shall immediately and without further act […]
§ 26-2-218. Written Agreement for Installment Payments
A written agreement for the payment of a judgment in installments, signed by the parties, their attorneys, or authorized agents acting in their behalf, and filed with the clerk of the court, shall have the same force and effect as an order made by the judge to stay the issuance, execution or return of any […]
§ 26-2-219. Failure to Comply With Agreement
Should the judgment debtor fail to strictly comply with the terms of an agreement as provided by § 26-2-218, the stay of execution by garnishment shall immediately become null and void. Upon the stay of execution by garnishment becoming void and the issuance and service of garnishment having taken place prior to the proceeding to […]
§ 26-2-206. Execution Awarded for Property in Garnishee’s Hands
If, upon the answer and the examination of the garnishee, it appears that the garnishee has property, debts, or effects in the garnishee’s hands or under the garnishee’s control, liable for the plaintiff’s debt, judgment may be entered, and execution awarded for the property, money, or effects, as the case may be, or so much […]
§ 26-2-207. Notice to Other Persons Holding Defendant’s Property
So, also, if the garnishee’s examination shows that any property, debts, or effects of the defendant are probably in the hands of other persons, the court shall, on the application of the plaintiff, issue notice to such persons to come forward and answer as garnishees, and the same proceedings may be had as in other […]
§ 26-2-208. Delivery of Garnisheed Property — Judgment for Nondelivery
As soon as the property is declared to be the property of the defendant, under §§ 26-2-206 and 26-2-207, it shall be delivered up to the officer serving the garnishment, on demand. On failure to deliver such property, and a return made on the execution of that fact, judgment shall be entered immediately against the […]
§ 26-2-209. Failure to Appear or Answer
The date garnishee’s answer is received by the court clerk shall be noted on the docket book in the proper manner, whether or not the answer discloses any property subject to garnishment. If the garnishee fails to appear or answer, a conditional judgment may be entered against the garnishee for the plaintiff’s debt, upon which […]