§ 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 […]
§ 12-1598.16 – Forms
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
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 […]
§ 12-1598.04 – Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings
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
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
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 […]