§ 12-1597 – Mailing; receipt; presumptions
12-1597. 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 12-1570, paragraph 1, subdivision (b). B. For the purposes of the article, if a party to the garnishment action mails a document to the address […]
§ 12-1578.01 – Time for answer
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
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
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
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
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
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 […]