§ 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 […]
§ 12-1598 – Definitions
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
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
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
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 […]