§ 18-4-13. Service of Garnishee’s Answer
All garnishee answers shall, concurrently with filing, be served by the garnishee upon the plaintiff or the plaintiff’s attorney and the defendant or the defendant’s attorney. Service of the garnishee’s answer upon the plaintiff shall be shown by the: Written acknowledgment of the plaintiff or the plaintiff’s attorney; or Certificate of the garnishee or the […]
§ 18-3-73. Application of Proceeds of Sale
All money raised by the sale of defendant’s property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of […]
§ 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 […]
§ 18-3-74. When Lien Arises; Priorities
The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. […]
§ 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 […]
§ 18-3-75. Entry on Attachment Docket; Effect of Failure to Make Such Entry
As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county […]
§ 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 […]
§ 18-3-32. Levy on Property in a Different County
When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the duty of the judge issuing the attachment, upon the request of the plaintiff, his agent, or his attorney at law, to make out a copy or copies […]
§ 18-3-33. Replevy of Property by Defendant Generally Upon Payment of Bond; Amount of Bond; Return of Property by Officer Taking Bond; Right of Plaintiff to Entry of Judgment Upon Bond
When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property levied upon to the defendant upon his giving bond, with good security, payable to the plaintiff in attachment, obligating himself to pay the plaintiff the amount of the […]