12-1570. Definitions In this article, unless the context otherwise requires: 1. " Deliver" means any of the following: (a) To hand deliver. (b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner. (c) […]
12-1570.01. Scope of article A. The provisions of this article are applicable to garnishments of any of the following: 1. Indebtedness owed to a judgment debtor by a garnishee for monies which are not earnings as defined in section 12-1598, paragraph 4. 2. Monies held by a garnishee on behalf of a judgment debtor. 3. […]
12-1571. Issuance of writ A. The clerk of the court or justice of the peace shall issue writs of garnishment, returnable to their respective courts, upon the filing of the application required by section 12-1572 and the bond required by section 12-1573. B. City and town magistrates may issue writs of garnishment, which are returnable […]
12-1572. Application for writ of garnishment for monies or property 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 contain the following: 1. A statement that the applicant is a judgment creditor. 2. […]
12-1573. Bond amount and conditions If a garnishment is requested and no judgment has been entered, a writ shall not be issued until the judgment creditor executes and delivers to the court a bond payable to the judgment debtor in the amount of the debt claimed therein, conditioned that the judgment creditor will prosecute the […]
12-1574. Issuance, service and return of writ; notice to debtor A. When the judgment creditor has complied with the applicable provisions of sections 12-1572 and 12-1573, the clerk, justice of the peace or city or town magistrate shall issue a writ of garnishment of monies or property and a summons commanding the garnishee to appear […]
12-1577. Service of writ on branch of financial institution A. Monies owing to a judgment debtor by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the possession of or […]
12-1578. Limitations on transfers by garnishee after service; replevin by judgment debtor A. From and after the service of all of the documents required to be served pursuant to section 12-1574 the garnishee shall not pay to the judgment debtor any monies or deliver to him any personal property which is not exempt, and the […]
12-1578.01. 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 after being served with the writ.
12-1579. Answer of garnishee 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 a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to […]
12-1580. Objection to garnishment or answer; hearing A. A party who has an objection to the writ of garnishment, the answer of the garnishee or the amount held by the garnishee or a party claiming an exemption from garnishment, not later than ten days after the receipt of the answer, may file a written objection […]
12-1581. Discharge of garnishee A. If it appears from the answer of the garnishee that he did not owe nonexempt monies to the judgment debtor when the writ was served on him or that he did not have in his possession any nonexempt personal property of the judgment debtor when the writ was served, and […]
12-1582. Notice to garnishee of dismissal; hearing on costs and attorney’s fee Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee’s costs and attorney’s fee.
12-1583. Judgment by default against garnishee If a garnishee fails to answer within the time specified in the writ, the judgment creditor for whom the writ has been issued may petition the court for the issuance of an order requiring the garnishee to appear before the court at a time and place specified in the […]
12-1584. Judgment against garnishee; objection; hearing A. In a garnishment of monies or indebtedness, if the answer shows that the garnishee was indebted to the judgment debtor at the time of service of the writ, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall […]
12-1585. Order regarding personal property subject to garnishment; objection; hearing A. If the answer shows that the garnishee was holding personal property of the judgment debtor at the time the writ was served, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter an […]
12-1587. Discharge of garnishee if judgment or order not obtained within ninety days; exceptions If no judgment or order is entered against the garnishee within ninety days after the filing of the garnishee’s answer, any monies, property, shares or other interest held by the garnishee pursuant to the writ shall be released to the judgment […]
12-1588. Answer disclosing shares of stock; judgment and sale A. If the garnishee is a corporation and it appears from the answer or otherwise that the judgment debtor is or was when the writ of garnishment was served the owner of any shares of stock in the corporation, or of any interest therein, the court […]
12-1591. Taxing costs A. When 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. When there is no written objection to the answer of the garnishee and the garnishee is held on the garnishee’s answer, the attorney […]
12-1592. Obedience of garnishee to judgment as bar It shall be a sufficient answer to any claim of the judgment debtor against the garnishee founded on any indebtedness of the garnishee, or on the possession by him of any property, or if the garnishee is a corporation in which the judgment debtor was the owner […]
