§ 18-4-14. Recovery of Reasonable Expenses; Recovery of Actual Expenses; Refunds
The garnishee shall be entitled to the garnishee’s actual reasonable expenses, including attorney’s fees, in preparing and filing a garnishee’s answer. The amount of expenses incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases. The […]
§ 18-4-15. Parties to Garnishment; Basis for Exemption; Form; Challenge to Garnishment
A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court, whichever occurs first, the defendant may become a party to the garnishment by […]
§ 18-4-16. Plaintiff Filing Traverse
Within 20 days after the plaintiff has been served with the garnishee’s answer, the plaintiff may file a traverse stating that the garnishee’s answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee’s answer. The form for a plaintiff’s traverse is set forth in Code […]
§ 18-4-1. Definitions
As used in this chapter, the term: “Disposable earnings” means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions required by law. “Earnings” means compensation paid or payable for personal services, whether denominated […]
§ 18-4-2. Uniform Procedures for Garnishment; Entitlement to Procedures; Application of the Civil Practice Act; Amendment
The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings. In all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter […]
§ 18-4-3. Affidavit and Requirements; Summons of Garnishment
The plaintiff, the plaintiff’s attorney, or the plaintiff’s agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof. Upon the filing of […]
§ 18-4-4. Process of Garnishment; Period of Garnishment
All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No payment made by the garnishee to the defendant or on […]
§ 18-4-5. Maximum Part of Disposable Earnings Subject to Garnishment; Adverse Employment Action Prohibited
For purposes of this subsection, a “private student loan” shall be defined as an educational or student loan for postsecondary educational expenses but not a loan guaranteed under 20 U.S.C. Section 1070, et seq. Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53, the maximum part of disposable earnings for any work […]
§ 18-4-6. Exemption From Garnishment
Certain earnings or property of the defendant may be exempt from the process of garnishment. Funds or benefits from an individual retirement account or from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise distributed to a member of such program or beneficiary thereof. Such funds or […]
§ 18-4-7. Required Information on Summons of Garnishment or Attachment Thereto; Form Usage; Failure to Use Correct Form
The amount shown on the summons of garnishment shall not exceed the amount the defendant owes the plaintiff pursuant to a judgment. A summons of garnishment, or an attachment thereto, shall state on its face with particularity all of the following information, to the extent reasonably available to the plaintiff: The name of the defendant […]