12-1598. Definitions 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 portion of their income that has been determined to not be […]
12-1598.01. Scope of article 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 employer to or for the account […]
12-1598.02. Grounds for issuance of writ of garnishment of earnings 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 […]
12-1598.03. Application for writ of garnishment for earnings 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 […]
12-1598.04. Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings 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 […]
12-1598.05. Initial lien 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 […]
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 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 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 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 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 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 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 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 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 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 […]
12-1598.16. Forms 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 notice to judgment debtor and request […]
12-1598.17. Mailing; receipt; presumptions 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 address […]
