§ 12-1583 – Judgment by default against garnishee
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
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
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
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
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
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
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 […]
§ 12-1593 – Contempt proceedings
12-1593. Contempt proceedings 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 by mistake, inadvertence […]
§ 12-1595 – Garnishment of bank account in names of two or more persons; bond of judgment creditor
12-1595. Garnishment of bank account in names of two or more persons; bond of judgment creditor A. A bank deposit made in the names of two or more persons shall be subject to garnishment. B. The answering garnishee shall, upon service of the writ, impound all funds then present in the bank account, and shall […]
§ 12-1596 – Forms
12-1596. 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 required to be delivered pursuant to section 12-1574: 1. The notice to judgment debtor and request for hearing form. 2. The answer form. 3. The instructions to garnishee. […]