§ 12-1598.06 – Time for answer
12-1598.06. Time for answer 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.
§ 12-1598.07 – Objection to garnishment, answer or nonexempt earnings statement; hearing
12-1598.07. Objection to garnishment, answer or nonexempt earnings statement; hearing 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 […]
§ 12-1598.08 – Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice
12-1598.08. Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice 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 […]
§ 12-1598.09 – Discharge of garnishee
12-1598.09. Discharge of garnishee 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 […]
§ 12-1598.10 – Continuing lien on earnings; order
12-1598.10. Continuing lien on earnings; order 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 thereafter and there is no […]
§ 12-1598.11 – Continuing lien procedure; nonexempt earnings statement
12-1598.11. Continuing lien procedure; nonexempt earnings statement 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 the writ […]
§ 12-1598.12 – Reporting by judgment creditor
12-1598.12. Reporting by judgment creditor 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 judgment […]
§ 12-1598.13 – Contempt proceedings; default of garnishee
12-1598.13. Contempt proceedings; default of garnishee 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 […]
§ 12-1598.14 – Priority
12-1598.14. Priority 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 person. Garnishments which are not for […]
§ 12-1598.15 – Taxing costs
12-1598.15. Taxing costs 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 on the garnishee’s answer, the attorney […]