State Garnishment Laws: North Carolina, North Dakota, and Ohio

Here you will find judgment laws and rules which apply for the area of garnishments in the states of North Carolina, North Dakota, and Ohio.  Realize that codes, regulations, and court rules change from time to time.  You will want to check to confirm that these statutes are up to date as of the time you need to apply them. State garnishment laws will dictate how you must proceed with implementing a garnishmentGarnishments are a primary part of judgment law.

North Carolina Procedural Requirements

After the issuing or return of an execution against property of the judgment
debtor and upon affidavit that any person or corporation has property of said
judgment debtor, or is indebted to him in an amount exceeding ten dollars, the
court or judge may, by order, require such person or corporation, or any officer
or members thereof, to appear at a specific time and place, and answer
concerning the same. The court or judge may also, in its or his discretion,
require notice of the proceeding to be given to any party to the action, in such
manner as seems proper. N.C. Gen. Statute. _ 1360.

The court or judge may, by order, forbid a transfer or other disposition of,
or any interference with, the property of the judgment debtor not exempt from
execution. N.C. Gen. Statute. _ 1358. After the issuing of an execution against
property, all persons indebted to the judgment debtor may pay to the sheriff the
amount of their debt, or as much thereof as is necessary to satisfy the
execution; and the sheriff’s receipt is a sufficient discharge for the amount
paid. N.C. Gen. Statute. _ 1359.

Interest Rate at which Judgments Accrue The legal rate of
interest shall be eight percent per annum. N.C. Gen. Statute. _ 241. In an
action for breach of contract, if the parties have agreed in the contract that
the contract rate shall apply after judgment then interest on an award in a
contract shall be at the contract rate after judgment, otherwise it shall be at
the legal rate. Interest on an award in an action other than contract shall be
at the legal rate. N.C. Gen. Statute. _ 245 (1986).

North Dakota Procedural Requirements

After the issuing or return of an execution against property of the judgment
debtor and upon affidavit that any person or corporation has property of said
judgment debtor, or is indebted to him in an amount exceeding ten dollars, the
judge may, by order, require such person or corporation, or any officer or
members thereof, to appear at a specific time and place, and answer concerning
the same. The judge may also, in his discretion, require notice of the
proceeding to be given to any party to the action, in such manner as seems
proper. N.D. Cent. Code _ 282507.

The judge, by order, may forbid a transfer or other disposition of the
property of the judgment debtor not exempt from execution and any interference
therewith. N.D. Cent. Code _ 282512.

The judge may allow to the judgment creditor or to any party examined,
whether a party to the action or not, witness fees and disbursements. N.D. Cent.
Code _ 282515.

Any creditor is entitled to proceed by garnishment in any court having
jurisdiction of the subject of the action against any person indebted to or
having any property in possession or under control, belonging to the creditor’s
debtor after securing a judgment against the debtor in a court of competent
jurisdiction. N.D. Cent. Code _ 3209.102.

In any action in a court of record for the recovery of money, at any time
after judgment, a garnishee summons may be issued against any third person. N.D.
Cent. Code _ 3209.106.

The garnishee summons and notice to defendant shall be served upon the
garnishee in the same manner as other summons in that court of record except
that service must be personal. The plaintiff shall serve with the garnishee
summons a disclosure form. The plaintiff may also serve interrogatories with the
garnishee summons. A copy of the garnishee summons and copies of all other
papers served on the garnishee must be served personally upon the defendant not
later than ten days after service is made upon the garnishee. A single garnishee
summons may be addressed to two or more garnishees but must Statutee whether
each is summoned separately or jointly. N.D. Cent. Code _ 3209.108.

A garnishment disclosure form must be served upon the garnishee. N.D. Cent.
Code _ 3209.109. In all garnishment proceedings, the plaintiff, when the
garnishment summons is served upon the garnishee, shall tender to the garnishee
the sum of ten dollars as the fee for making an affidavit of disclosure. N.D.
Cent. Code _ 3209.110.

Interest Rate at which Judgments Accrue Interest is payable
at the same rate as is provided in the original instrument upon which the action
resulting in the judgment is based, which rate may not exceed the maximum rate
provided in _ 47 1409. If such original instrument contains no provision as to
an interest rate, or if the action resulting in the judgment was not based upon
an instrument, interest is payable at the rate of twelve percent per annum and
may not be compounded in any manner or form. N.D. Cent. Code _ 28 2034.
Applicable Forms N.D. Cent. Code _ 3209.107.

Ohio Procedural Requirements

Any person seeking an order of garnishment shall make a demand in the form
prescribed by Statuteute [1]. Ohio Rev. Code Ann. _ 2716.02. A proceeding for
garnishment of property, other than personal earnings, may be commenced after a
judgment has been obtained by a judgment creditor by the filing of an affidavit
in writing made by the judgment creditor, his agent, or his attorney setting
forth: (1) the name of the judgment debtor whose property, other than personal
earnings, the judgment creditors seeks to garnish; (2) that the affiant has good
reason to believe and does believe that the person named in the affidavit as the
garnishee has property, other than personal earnings, of the judgment debtor
that is not exempt under the law of this Statutee or the United Statutees; (3) a
description of the property. Ohio Rev. Code Ann. _ 2716.11.

The affidavit shall be accompanied by one dollar as the garnishee’s fee for
compliance with the order, no part of which shall be charged as court costs.
Ohio Rev. Code Ann. _ 2716.12.

Upon the filing of a proceeding in garnishment, the court shall cause the
matter to be set for hearing within twelve days thereafter. Upon the scheduling
of a hearing, the clerk of the court immediately shall issue to the garnishee
three copies of the order of garnishment together with the garnishee’s fee and
with a written notice that the garnishee answer as provided in _ 2716.21.

The copies of the order and notice shall be served upon the garnishee in the
same manner as for the service of a summons. The order shall bind the property,
other than personal earnings, of the judgment debtor in the possession of the
garnishee from the time of service. At the time of filing of a proceeding in
garnishment, the judgment creditor also shall file with the clerk of the court a
praecipe instructing the clerk to issue to the judgment debtor a notice and a
hearing request form. Upon receipt of the praecipe and the scheduling of a
hearing, the clerk of the court immediately shall serve (by ordinary or regular
mail unless the judgment creditor requests that service be made in accordance
with the Rules of Civil Procedure) upon the judgment debtor two copies of the
notice to judgment debtor and hearing request form. Ohio Rev. Code Ann. _
2716.13.

Evidenced by return receipt signed by any person, service of any process
shall be by certified mail, postage prepaid, unless otherwise permitted by the
Rules of Civil Procedure. When the plaintiff files a written request with the
clerk for personal service or residence service, service of process shall be
made by that method. Ohio R. Civil. P. 4.1.

Interest Rate at which Judgments Accrue Upon all judgments,
decrees, or orders, rendered on any bond, bill, note, or other instrument of
writing containing stipulations for the payment of interest in accordance with _
1343.01, interest shall be computed until payment is made at the rate specified
in such instrument. Ohio Rev. Code Ann. _ 1343.02.

Upon all judgments, decrees, and orders of any judicial tribunal for the
payment of money arising out of tortious conduct or a contract or other
transaction, the creditor is entitled to interest at the rate of ten per cent
per annum. Ohio Rev. Code Ann. _ 1343.03.

Applicable Forms Ohio Rev. Code Ann. _ 2716.02. Ohio Rev. Code Ann. _
2716.13. 1 Section 2716.02 prescribes different forms if the judgment creditor
seeks an order of garnishment of personal earnings or if the judgment is for
money owed for health care services rendered or health care supplies provided to
the judgment debtor or his dependent.

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If you need legal advice in order to apply these statutes, don’t hesitate to consult with a judgment lawyer who is licensed in your state.

You can find links to the complete sets of statutes for all 50 states by clinking on this link:

http://www.enforcementinstitute.com/?p=80

Good luck applying judgment laws in order to enforce your judgment!

Bryan

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One thought on “State Garnishment Laws: North Carolina, North Dakota, and Ohio

  1. have have 2 half million dollar law suite judgments awarded to me, far is i know my lawyer is threw with the case, he seen if they had propty in there name and that was it, they are all over the internet, roping and riding horses, far as i know my lawyer is done, i want to know how to see if theres a way to get this money taking out of there pay check where they work, my lawyer told me before that you can’t have there wages garnished, but i was reading you can, need info, can i get someone else to excute this

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