State Garnishment Laws: Mississippi, Missouri, and Montana

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Mississippi, Missouri, and Montana.  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.

Mississippi Procedural Requirements

On the suggestion in writing by the plaintiff in a judgment or decree in any
court upon which an execution may be issued, that any person, either natural or
artificial, including the Statutee, any county, municipality, school district,
board or other political subdivision thereof, is indebted to the defendant
therein, or has effects or property of the defendant in his, her or its
possession, or knows of some other person who is indebted to the defendant, or
who has effects or property of the defendant in his, her or its possession, it
shall be the duty of the clerk of such court to issue a writ of garnishment,
directed to the sheriff or proper officer, commanding him to summons such person
as garnishee to appear at the term of court to which the writs of garnishment
may be returnable, to answer accordingly. Miss. Code Ann. _ 11-35-1.

A writ of garnishment shall be served as a summons is required by law to be
executed; but if the garnishee be not personally served, and make default,
judgment nisi shall be rendered against him, and a scire facias awarded,
returnable to the next term, unless the court be satisfied that the garnishee
can be personally served at once, in which case it may be returnable instanter.
Miss. Code Ann. _ 11-35-9 [1].

Except for wages, salary or other compensation, all property in the hands of
the garnishee belonging to the defendant at the time of the service of the writ
of garnishment shall be bound by and subject to the lien of the judgment, decree
or attachment on which the writ shall have been issued. Any indebtedness of the
garnishee to the defendant, except for wages, salary or other compensation,
shall be bound from the time of the service of the writ of garnishment, and be
appropriable to the satisfaction of the judgment or decree. Miss. Code Ann. _
11-35-23.

The garnishee shall be allowed for his attendance, out of the debts or
effects in his possession, or against the plaintiff in case there be no debts or
effects in his possession, provided he shall put in his answer within the time
prescribed by law, the pay and mileage of a juror, and, in exceptional cases
rendering it proper, the court may allow the garnishee reasonable compensation
additional to the foregoing and to be obtained in the same way. Miss. Code Ann.
_ 11-35-61.

Interest Rate at which Judgments Accrue All judgments or
decrees founded on any sale or contract shall bear interest at the same rate as
the contract evidencing the debt on which the judgment or decree was rendered.
All other judgments or decrees shall bear interest at a per annum rate set by
the judge hearing the complaint from a date determined by such judge to be fair
but in no event prior to the filing of the complaint. Miss. Code Ann. _ 75177.
Applicable Forms Writ of Garnishment, Miss. Code Ann. _ 11-35-5. (Special rules
apply to garnishment of judgments against a public officer or employee.)

Missouri Procedural Requirements

The party in whose favor any judgment or decree is rendered, may have an
execution in conformity therewith. Mo. Ann. Statute. _ 513.015. When a fieri
facias shall be issued and placed in the hands of an officer for collection, it
shall be the duty of the officer, when directed by the plaintiff to summon
garnishees. Mo. Ann. Statute. _ 525.020. Mo. R. Civil. P. 90.03.

Notice of garnishment shall be served on a corporation, in writing, by
delivering such notice, or a copy thereof, only to a person designated by the
corporation in a registered letter filed with the sheriff or officer for
collection in the corporation’s county of primary business. If such designated
person is not available or if such designation is not filed, then such notice
may be served upon the president, secretary, treasurer, cashier or other chief
or managing officer. Mo. Ann. Statute. _ 525.050.

Notice of garnishment shall have the effect of attaching all personal
property, money, rights, credits, bonds, bills, notes, drafts, checks or other
chooses in action of the defendant in the garnishee’s possession or charge, or
under his control at the time of the service of the garnishment, or which may
come into his possession or charge, or under his control or be owing by him,
between that time and the time of filing his answer. Mo. Ann. Statute. _
525.040. Mo. R. Civil. P. 90.06.

Prior to the issuance of the summons of garnishment, the garnisher shall file
written interrogatories asking the garnishee to Statutee the property subject to
garnishment in the possession, charge or control of the garnishee. The
interrogatories shall be served simultaneously with the summons of garnishment.
Mo. R. Civil. P. 90.13.

If by answer, not excepted or denied, it appears that the garnishee has
property subject to garnishment, the court shall allow the garnishee a
reasonable amount for the trouble and expense of answering, including attorney’s
fees, to be paid out of the funds or proceeds of the property subject to
garnishment. If a garnisher does not recover judgment against the garnishee, all
of the costs attending such garnishment shall be taxed against the garnisher.
Mo. R. Civil. P. 90.18. Mo. Ann. Statute. __ 525.230, 240. [1]

Note: The notice of garnishment shall contain the social security number,
when available, of the judgment debtor. Mo. Ann. Statute. _ 525.233.

Interest Rate at which Judgments Accrue Interest shall be
allowed on all money due upon any judgment or order of any court from the day of
rendering the same until satisfaction be made by payment, accord or sale of
property; all such judgments and orders for money upon contracts bearing more
than nine percent interest shall bear the same interest borne by such contracts,
and all other judgments and orders shall bear nine percent per annum. In tort
actions, if a claimant has made a demand for payment of a claim or an offer of
settlement of a claim, to the parties and the amount of the judgment or order
exceeds the demand or offer, prejudgment interest shall be calculated from a
date sixty days after the demand or offer or from the date the demand or offer
was rejected without counter offer, whichever is earlier. Mo. Ann. Statute. _
408.040.

Applicable Forms Interrogatories to Garnishee, Mo. R. Civil. P., Form 13. 1
The court shall make the garnishee a reasonable allowance for his trouble and
expenses in answering the interrogatories, to be paid out of the funds or
proceeds of the property or effects confessed in his hands. The court also show
allow the garnishee in addition to the reasonable allowance, to claim a fee
consisting of the greater of eight dollars or two percent of the amount required
to be deducted by any court ordered garnishment for the trouble and expenses in
administering the notice of garnishment. Mo. Ann. Statute. _ 525.230.

Montana Procedural Requirements

After the issuing or return of an execution against property of the judgment
debtor or upon proof, by affidavit or otherwise, to the satisfaction of the
judge that any person or corporation has property of such judgment debtor or is
indebted to him in an amount exceeding $50, the judge may, by an order, require
such person or corporation or any officer or member thereof to appear at a
specified time and place before him or a referee appointed by him and answer
concerning the same. Mont. Code Ann. _ 25-14-103.

If it appear that a person or corporation alleged to have property of the
judgment debtor or to be indebted to him claims an interest in the property
adverse to him or denies the debt, the court or judge may authorize, by an order
made to that effect, the judgment creditor to institute an action against such
person or corporation for the recovery of such interest or debt. The court or
judge may, by order, forbid a transfer or other disposition of such interest or
debt until an action can be commenced and prosecuted to judgment. Mont. Code
Ann. _ 25-14-104.

The judge or referee may order any property of a judgment debtor, not exempt
from execution, in the hands of such debtor or any other person or due to the
judgment debtor, to be applied toward the satisfaction of the judgment. Mont.
Code Ann. _ 25-14-107.

Interest Rate at which Judgments Accrue The clerk must
include in the judgment entered up by him any interest on the verdict or
decision of the court, from the time it was rendered or made. Mont. Code Ann. _
25-9-204. Interest is payable on judgments recovered in the courts of Montana at
the rate of ten percent per annum and no greater rate. Such interest must not be
compounded in any manner or form. Interest on a judgment involving a contractual
obligation that specifies an interest rate must be paid at the rate specified in
the contractual obligation. Mont. Code Ann. _ 25-9-205.

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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

Click here to go to a page listing links to all articles on this blog site.

State Garnishment Laws: Massachusetts, Michigan, and Minnesota

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Massachusetts, Michigan, and Minnesota.  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.

Massachusetts Procedural Requirements

Process to enforce a judgment for the payment of money shall be a writ of
execution, unless the court directs otherwise. The procedure on execution, in
proceedings on and in aid of execution shall be in accordance with applicable
Statuteutes. In aid of the judgment or execution, the judgment creditor may
obtain discovery from any person in the manner provided in the Massachusetts
Rules of Civil Procedure. Mass. R. Civil. P. 69.

Parties may obtain discovery by one or more of the following methods:
depositions upon oral examination or written questions, written interrogatories,
production of documents, physical and mental examinations, and requests for
admissions. Mass. R. Civil. P. 26. The Statuteutes provide for both attachment
and trustee process. These are traditionally prejudgment remedies to secure
satisfaction of the judgment which the plaintiff may recover. It is ambiguous
whether these procedures are also available to enforce a judgment.

Interest Rate at which Judgments Accrue Upon finding of
verdict for plaintiff for pecuniary damages for personal injuries, consequential
damages or damage to property, the clerk of court is required to add to damages
interest thereon at 12% per year from commencement of the action. Mass. Gen. L.
ch. 231, _6B.

In contract actions, the clerk is required to add to judgment for pecuniary
damages interest at the contract rate, if established, and otherwise at 12% per
year, from date of breach or demand, if established, and otherwise from
commencement of the action. Mass. Gen. L. ch. 231, _6C. Interest at 18% may be
awarded by court upon finding that defenses, setoffs or counterclaims of other
party were wholly insubstantial, frivolous and not in good faith. Mass. Gen. L.
ch. 231, _6F.

Judgment bears interest from day of entry thereof until payment. post
judgment interest is at rate provided for prejudgment interest. Mass. Gen. L.
ch. 235, _8. Applicable Forms Mass. R. Civil. P., Forms 2 & 2A.

Michigan Procedural Requirements

The clerk of the court that entered the judgment shall issue a writ of
garnishment if the plaintiff makes and files a Statuteement verified in the
manner provided in Rule 2.114(A) Statuting (1) that a judgment has been entered
against the defendant and remains unsatisfied, (2) the amount of the judgment
and the amount remaining unpaid, and (3) that the affiant knows or has good
reason to believe that a named person has control of property belonging to the
defendant, a named person is indebted to the defendant, or a named person is
obligated to make periodic payments to the defendant.

The writ of garnishment must have attached or must include a copy of the
verified Statuteement and must include information that will permit the
garnishee to identify the defendant, such as the defendant’s address, social
security number, employer number, or account number, if known. The writ shall
include the date on which it was issued and the last day by which it must be
served to be valid, which is 91 days after it was issued.

The writ shall direct the garnishee to: served a copy of the writ on the
defendant; within 14 days after the service of the writ, file with the court
clerk a verified disclosure indicating the garnishee’s liability to the
defendant and mail or deliver a copy to the plaintiff and the defendant; deliver
no tangible or intangible property to the defendant, unless allowed by Statute
or court rule; pay no obligation to the defendant, unless allowed by Statute or
court rule; and in the discretion of the court, order the garnishee either to
make all payments directly to the plaintiff or send the funds to the court in
the manner specified in the writ.

The writ shall direct the defendant to refrain from disposing of any
negotiable instrument representing a debt of the garnishee or any negotiable
interest of title representing property in which the defendant claims an
interest held in the possession or control of the garnishee. The writ shall
inform the defendant that unless the defendant files objections within 14 days
after the service of the writ on the defendant, without further notice the
property or debt held pursuant to the garnishment may be applied to the
satisfaction of the plaintiff’s judgment and periodic payments due to the
defendant may be withheld for as long as 91 days after the issuance of the writ
and in the discretion of the court paid directly to the plaintiff. Mich. Court
R. 3.101.

The plaintiff shall serve the writ of garnishment, a copy of the writ for the
defendant, the disclosure form, and any applicable fees, on the garnishee within
91 days after the date the writ was issued in the manner provided for the
service of a summons and complaint. The garnishee shall within 7 days after
being served with the writ deliver a copy of the writ to the defendant or mail a
copy to the defendant at the defendant’s last known address by first class mail.
Mich. Court R. 3.101.

Within 14 days after service of disclosure, the plaintiff may serve the
garnishee with written interrogatories or notice the deposition of the
garnishee. The discovery rules apply to garnishment proceedings. If the
garnishee is not indebted to the defendant, does not hold any property subject
to garnishment, and is not the defendant’s employer, the plaintiff is not
entitled to recover the costs of that garnishment. Mich. Court R. 3.101.

A pleading may be verified by oath or affirmation of the party or of someone
having knowledge of the facts pleaded or by including the following signed and
dated declaration: “I declare that the Statuteements above are true to the best
of my information, knowledge, and belief.” Every pleading of a party represented
by an attorney shall be signed by at least one attorney of record. A party who
is not represented by an attorney must sign the pleading. Mich. Court R. 2.114.

Interest Rate at which Judgments Accrue Judgments bear
interest from date of filing complaint at 6% until June 1, 1980 and 12%
thereafter, or if founded on written instrument, at rate therein provided, but
not exceeding 7% until June 1, 1980 and 13% thereafter.

For complaints filed on or after Jan. 1, 1987, interest accrues from date of
filing complaint at rate certified by Statutee treasurer semiannually as 1% plus
average rate on five year U.S. Treasury Notes. For claims filed on or after Oct.
1, 1986, interest shall not be allowed on “future damages” defined as personal
injury damages accruing after damage findings are made. Mich. Comp. Laws Ann. __
600.6013, 6301.

Minnesota Procedural Requirements

If a judgment has been docketed in district court for at least 30 days, and
the judgment is not satisfied, the district court in the county in which the
judgment originated shall, upon the request of the judgment creditor, order the
judgment debtor to mail by certified mail to the judgment creditor information
as to the nature, amount, identity, and locations of all of the debtor’s assets,
liabilities, and personal earnings. Minn. Statute. Ann. _ 550.011.

In aid of the judgment or execution, the judgment creditor may obtain
discovery from any person, including the judgment debtor, in the manner provided
by these rules. Minn. R. Civil. P. 69. After the issuing or return of an
execution against property of the judgment debtor, upon proof, by affidavit or
otherwise, to the satisfaction of the judge, that any person has property of the
judgment debtor, or is indebted to the judgment debtor in an amount exceeding
$10, the judge may require such person, or any officer thereof if a corporation,
upon such to any party as may seem proper, to appear and answer concerning the
same. Minn. Statute. Ann. _ 575.07. When a judgment requires the payment of
money, it may be enforced by execution. Minn. Statute. Ann. _ 550.02.

The sheriff may levy upon money or other indebtedness owed by a third party
to the judgment debtor. The sheriff may serve a copy of the writ of execution
through a registered or certified letter or by personal service to the third
party. If the levy is upon funds at a financial institution, the third party
shall be paid a $15 fee at the time of the service of the writ of execution. The
$15 shall not be paid where the funds being levied on are being retained
pursuant to a garnishment previously served in compliance with chapter 571. This
fee may be recovered by the judgment creditor as an allowable cost. The judgment
creditor shall provide the $15 fee to the sheriff to be paid to the third party.
If a third party is required to appear and submit to oral examination, the third
party shall be tendered, in advance of the examination, fees and mileage for
attendance at the rate allowed by law to a witness. These fees may be recovered
by the judgment creditor as an allowable disbursement. In extraordinary cases,
the third party may be allowed additional sums the court considers reasonable
for attorney fees and other necessary expenses. The court shall then determine
which party bears the burden of this expense. Minn. Statute. Ann. _ 550.135.

When the sheriff is levying upon funds at a financial institution, along with
the writ of execution and the exemption notice, the sheriff shall serve upon the
financial institution an execution disclosure form. If the levy is on funds of a
judgment debtor who is a natural person and if the funds to be levied are held
on deposit at any financial institution, the judgment creditor or its attorney
shall provide the sheriff with two copies of an exemption notice. The sheriff
shall serve both copies of the exemption notice on the financial institution,
along with the writ of execution. However, if the execution is on funds that
have previously been garnished, the judgment creditor is not required to serve
additional exemption notices. In that event, the execution levy shall only be
effective as to the funds that were subject to the prior garnishment. Upon
receipt of the writ of execution and exemption notices, the financial
institution shall retain as much of the amount due under the writ of execution
as the financial institution has on deposit owing the judgment debtor, but not
more than 110 percent of the amount remaining due on the judgment. Minn.
Statute. Ann. _ 550.143.

An attorney for a judgment creditor may also execute on a money judgment by
levying on an indebtedness owed to the judgment debtor by a third party. The
attorney for the judgment creditor must obtain a writ of execution before the
attorney can execute. No more than $5,000 may be recovered by a single execution
levy. Minn. Statute. Ann. _ 551.01. An attorney levying on funds at a financial
institution must follow the same procedures as a sheriff as outlined above. See
Minn. Statute. Ann. __ 551.04, .05.

However, when an attorney is levying on the funds, the financial institution
is not required to retain more than 100 percent of the amount remaining due on
the judgment, or $5,000, whichever is less. In addition to the above procedures,
a creditor may institute garnishment proceedings under chapter 571 (Minn.
Statute. Ann. _ 571.71, et seq.). at any time after entry of a money judgment in
a civil action.

Interest Rate at which Judgments Accrue When a judgment or
award is for the recovery of money, interest from the time of the verdict,
award, or report until judgment is finally entered shall be computed as simple
interest per annum. The rate of interest shall be based on the secondary market
yield of one year United Statutees treasury bills, calculated on a bank discount
basis. During each calendar year, interest shall accrue on the unpaid balance of
the judgment or award from the time that it is entered or made until paid, at
the annual rate discussed above. Minn. Statute. Ann. _ 549.09.

Note: Special rules apply to pre-verdict, pre-award, or pre-report interest
on pecuniary damages. See Minn. Statute. Ann. _ 549.09(1)(b). Applicable Forms
Sheriff’s Exemption Notice, Minn. Statute. Ann. _ 550.143(3) Execution
Disclosure Form, Minn. Statute. Ann. _ 550.143(2). Notice of Third Party Levy
and Disclosure Form, Minn. Statute. Ann. _ 551.04(4). Attorney’s Exemption
Notice, Minn. Statute. Ann. _ 551.05(1a).

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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

Click here to go to a page listing links to all articles on this blog site.

State Garnishment Laws: Louisiana, Maine, and Maryland

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Louisiana, Maine, and Maryland.  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.

Louisiana Procedural Requirements

A judgment for the payment of money may be executed by a writ of fieri facias
directing the seizure and sale of property of the judgment debtor. La. Code
Civil. Procedure. Ann. art. 2291. The judgment creditor, by petition and after
issuance of a writ of fieri facias, may cause a third person to be cited as a
garnishee to declare under oath what property he has in his possession or under
his control belonging to the judgment debtor and in what amount he is indebted
to him, even though the debt may not be due. He may require the third person to
answer categorically and under oath the interrogatories annexed to the petition.
The seizure shall take effect upon the service of the petition, citation, and
interrogatories.

A garnishment against a financial institution shall not be continuing in
nature and the garnishee need only respond as to property of the judgment debtor
that the garnishee has in his possession or under his control at the time the
garnishment interrogatories are served upon him. When the garnishee is a bank,
savings and loan association, or credit union, the garnishee may continue to pay
checks and drafts drawn on the judgment debtor’s deposit accounts maintained
with the garnishee that are presented for payment in the ordinary course of
business on the day garnishment interrogatories are served upon the garnishee or
on the next business day thereafter, without incurring any liability or
obligation in favor of the judgment creditor or any third party. La. Code Civil.
Procedure. Ann. art. 2411.

The sheriff shall serve upon the garnishee the citation and a copy of the
petition and of the interrogatories, together with a notice that a seizure is
thereby effected against any property of or indebtedness to the judgment debtor.
Service shall be in the manner provided for service of citation, except that if
the garnishee is an individual, service must be personal. The garnishee shall
file his sworn answers to the interrogatories within fifteen days from the date
of service. La. Code Civil. Procedure. Ann. art. 2412.

Interest Rate at which Judgments Accrue The legal rate of
interest between Sept. 11, 1981 and Jan. 1, 1988, is 12%. Thereafter, the legal
rate of interest is one point over average prime as defined and as calculated
Oct. 1 of each year, subject always to a cap of 14% and floor of 7%. La. Civil.
Code Ann. art. 2924.

Legal interest attaches from date of judicial demand on all judgments
sounding in damages “ex delicto.” La. Rev. Statute. Ann. 13:4203. Legal interest
on any claim for personal injury or wrongful death against the Statutee or its
political subdivisions shall accrue at six percent per annum from the date of
service is requested following judicial demand until the judgment thereon is
signed by the trial judge.

Legal interest accruing subsequent to the signing of the judgment shall be at
the rate as detailed above. La. Rev. Statute. Ann. 13:5112. When the object of
the performance is a sum of money, damages for delay in performance are measured
by the interest on that sum from the time it is due, at the rate agreed by the
parties or, in the absence of agreement, at the rate of legal interest. La.
Civil. Code Ann. art. 2000.

Maine Procedural Requirements

Upon a disclosure hearing when it is shown that there is a reasonable
likelihood that a third party has possession or control of property in which the
judgment debtor may have an interest or that the third party may be indebted to
the judgment debtor for other than earnings, the court, upon request of the
judgment creditor, may approve the service on the third party of an order to
hold and answer.

The order to hold and answer shall Statutee the amount owed on the judgment
debt and shall set forth the specific property of the judgment debtor alleged to
be in the possession of the third party, as well as any specific debt other than
earnings, alleged to be owed to the judgment debtor. The order shall demand an
answer under oath from the third party listing all property in the possession of
the third party in which the judgment debtor has an interest and listing all
debts owed by the third party to the judgment debtor, as of the date and time
the order is served. The order to hold and answer shall Statutee the
consequences of the failure of the third party to answer.

An order to hold and answer shall be served on the third party and the
judgment debtor within 20 days of the date of the order. An answer form shall be
supplied to the third party with the order. Unless the judgment debtor or
judgment creditor requests a hearing within 20 days of the filing of the answer
of the third party, the property or debt listed shall be subject to any
turnover, sale, or lien order. Likewise, if after the requested hearing, the
court is satisfied as to the existence and extent of the nonexempt property or
of any nonexempt money debt, it shall make either a turnover, sale, or lien
order. Me. Rev. Statute. Ann. tit. 14, _ 3127A.

Generally service may be made either personally or by first class mail,
postage prepaid, and including a return envelope, postage prepaid, addressed to
sender. Me. R. Civil. P. 4.

Interest Rate at which Judgments Accrue Interest After
judgment equals 15% for cases in which damages claimed or awarded do not exceed
the $30,000 District Court jurisdictional limit. For other actions, interest
equals the coupon issue yield equivalent of the average accepted auction price
for the last auction of 52 week Treasury bills settled immediately prior to the
date from which interest is calculated, plus 7%. Me. Rev. Statute. Ann. art. 14,
_ 1602A.

Interest before judgment equals 8% for cases in which damages claimed or
awarded do not exceed the $30,000 District Court jurisdictional limit. For other
actions, prejudgment interest equals the coupon issue yield equivalent of the
average accepted auction price for the last auction of 52 week Treasury bills
settled immediately prior to the date from which interest is calculated, plus
1%. Me. Rev. Statute. Ann. art. 14, _ 1602.

Maryland Procedural Requirements

A judgment creditor may obtain discovery to aid enforcement of a money
judgment by use of depositions, interrogatories, and requests for documents. On
request of a judgment creditor, filed no earlier than 30 days after entry of a
money judgment, the court where the judgment was entered or recorded may issue
an order requiring the appearance for examination under oath before a judge or
examiner of any person if the court is satisfied by affidavit or other proof
that it is probable that the person has property of the judgment debtor, is
indebted for a sum certain to the judgment debtor, or has knowledge of any
concealment, fraudulent transfer, or withholding of any assets belonging to the
judgment debtor. The order shall specify when, where, and before whom the
examination will be held and that failure to appear may result in the person
served being held in contempt. The order shall be served in the manner provided
by Rule 2121. Maryland. R. 2633 [1].

The judgment creditor may obtain an issuance of a writ of garnishment by
filing in the same action in which the judgment was entered a request that
contains (1) the caption of the action, (2) the amount owed under the judgment,
(3) the name and last known address of the judgment debtor, and (4) the name and
address of the garnishee.

Upon the filing, the clerk shall issue a writ of garnishment directed to the
garnishee. The writ of garnishment shall: contain the information in the
request, the name and address of the person requesting the writ, and the date of
issue, direct the garnishee to hold the property of the judgment debtor subject
to further proceedings, notify the garnishee of the time within which the answer
must be filed and that failure to do so may result in judgment by default
against the garnishee, notify the judgment debtor and garnishee that federal and
Statutee exemptions may be available, notify the judgment debtor of the right to
contest the garnishment by filing a motion asserting a defense or objection.

The writ shall be served on the garnishee in the manner provided by Chapter
100 for service of process to obtain personal jurisdiction and may be served in
or outside the county. Promptly after service upon the garnishee, the person
making service shall mail a copy of the writ to the judgment debtor’s last known
address. The judgment creditor may serve interrogatories directed to the
garnishee pursuant to Rule 2421.

The interrogatories shall contain a notice that, unless answers are served
within 30 days after service of the interrogatories or within the time for
filing an answer to the writ, whichever is later, the garnishee may be held in
contempt of court. The interrogatories shall also inform the garnishee that the
garnishee must file a notice with the court pursuant to Rule 2401(c) at the time
the answers are served. Maryland. R. 2645. Service of process may be made by
delivery to the person or by mailing to the person by certified mail requesting:
“Restricted Delivery show to whom, date, address of delivery.” Maryland. R.
2121.

Service of process may be made by a sheriff or, by a competent private
person, 18 years of age or older, including an attorney of record, but not a
part to the action. Maryland. R. 2123. Note: A garnishment against property held
in bank, trust company, savings bank or savings and loan by husband and wife
jointly is not valid unless both are judgment debtors, and garnishment against
such property held by one party in trust for another is not valid unless both
are judgment debtors. Maryland. Code Ann., Courts _ 11603.

Interest Rate at which Judgments Accrue Judgments and
decrees generally bear interest at 10% from rendition. Money judgments for loan
debt not secured by realty may carry contract rate until originally scheduled
maturity date. Maryland. Code Ann., Courts __ 11106, 11107, 11301. ( These are
circuit court rules only, but district court rules are nearly identical. )

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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

Click here to go to a page listing links to all articles on this blog site.

 

State Garnishment Laws: Iowa, Kansas, and Kentucky

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Iowa, Kansas, and Kentucky.  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.

Iowa Procedural Requirements

Property of the defendant in the possession of another, or debts due him, may be reached by garnishment. Iowa Code Ann. _ 626.26. When the plaintiff, in writing, directs the sheriff to take the answer of the garnishee, the sheriff shall put to the garnishee the following questions: Are you in any manner indebted to the defendant in this suit, or do you owe the defendant money or property which is not yet due? If so, Statutee the particulars. Have you in your possession or under your control any property, rights, or credits of the said defendants? If so, what is the value of the same? Statutee all particulars. Do you know of any debts owing the said defendant, whether due or not due, or any property, rights, or credits belonging to the defendant and now in the possession or under the control of others?

If so, Statutee the particulars. Do you compensate the defendant in this suit for any personal services whether denominated wages, salary, commission, bonus or otherwise, including periodic payments pursuant to a pension or retirement program? If so, Statutee the amount of the compensation reasonably anticipated to be paid defendant during the calendar year? Iowa Code Ann. _ 642.5.

If the garnishee refuses to answer fully and unequivocally all the foregoing interrogatories, the garnishee shall be notified to appear and answer, and the garnishee may be so required in any event, if the plaintiff so notifies the garnishee. Iowa Code Ann. _ 642.6. Where the garnishee is required to appear at court, unless the garnishee has refused to answer the interrogatories, the garnishee is entitled to the pay and mileage of a witness, and may, in like manner, require advance payment before any liability shall arise for nonattendance. Iowa Code Ann. _ 642.8. A garnishee may, at any time after answer, be \exonerated from further responsibility by paying over to the sheriff the amount owing by the garnishee to the defendant, or so much of said debts and property as is equal to the value of the property to be attached. Iowa Code Ann. _ 642.10.

Judgment against the garnishee shall not be entered until the principal defendant has had ten days notice of the garnishment proceedings, to be served in the same manner as original notices. The garnishee shall Statutee in answer to the service of notice of garnishment whether or not service of notice was delivered to the defendant. The notice required by this section shall contain the full text of _ 630.3A. Iowa Code Ann. _ 642.14.

A notice of garnishment served upon a garnishee is effective without serving another notice until the earliest of the following: The annual maximum permitted to be garnished under _ 642.21 has been withheld. The writ of execution expires. The judgment is satisfied. The garnishee is served with a notice that the garnishment shall cease. A supervised financial organization which is garnished for an account of a defendant, after paying the sheriff any amounts then in the account, shall monitor the account for any additional amounts at least monthly while the garnishment notice is effective. Expiration of the execution does not affect a garnishee’s duties and liabilities respecting property already withheld pursuant to the garnishment. Iowa Code Ann. _ 642.22.

Interest Rate at which Judgment Accrue Interest shall be allowed on all money due on judgments and decrees of courts at the rate of ten percent per year, unless a different rate is fixed by the contract on which the judgment or decree is rendered, in which case the judgment or decree shall draw interest at the rate expressed in the contract, not exceeding the maximum applicable rate permitted by the provisions of _ 535.2, which rate must be expressed in the judgment or decree. The interest shall accrue from the date of the commencement of the action. Iowa Code Ann. _ 535.3. Note: Section 668.13 applies to interest on judgments based on a tort liability involving comparative fault. Applicable Forms Iowa Code Ann. _ 630.3A

Kansas Procedural Requirements

As an aid to the enforcement of a judgment, an order of garnishment may be obtained and shall be issued by the clerk of the court from which execution is issuable, either in connection with an execution or independently thereof as designated by the written direction of the party entitled to enforce the judgment. Such written direction shall designate whether the order of garnishment is to be issued for the purpose of attaching earnings or for the purpose of attaching other property of the judgment debtor. Kan. Statute. Ann. _ 60716.

The order of garnishment shall be served on the garnishee, together with two copies of the form for the garnishee’s answer prescribed by _ 60718 and returned by the officer making service in the same manner as an order of attachment. An order of garnishment issued to attach any property, funds, credits or other indebtedness belonging to or owing the defendant, other than for earnings, shall attach (1) all such property of the defendant which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the defendant at the time of service of the order and (2) all such property coming into the possession or control of the garnishee and belonging to the defendant, and all such credits and indebtedness becoming due to the defendant between the time of the serving of the order of garnishment and the time of the signing of the answer of the garnishee. Kan. Statute. Ann. _ 60717.

The written direction of a party seeking an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall Statutee the amount to be withheld, which shall be 1 1/2 time the amount of judgment. All orders of garnishment issued in this Statutee for the purpose of attaching funds, credits or indebtedness held by a financial institution shall specify the amount of funds, credits or indebtedness to be withheld by the garnishee, which shall be 1 1/2 time the amount of the judgment as Statuteed in the written direction of the party seeking the order.

The forms provided by law shall contain the Statuteements included in paragraphs (c) and (d). If the garnishee hold funds or credits or is indebted to the defendant in two or more accounts, the garnishee may withhold payment of the amount attached from any one or more of such accounts. No party shall seek an order of garnishment attaching fund, credits, or indebtedness held by a financial institution except on good faith belief of the party seeking the garnishment that the party to be served with the garnishment order has, or will have assets of the judgment debtor.

Except as ordered by a judge, not more than two garnishments shall be issued by a party seeking an order of garnishment applicable to the same claim or claims and against the same judgment debtor in any 30-day period. Kan. Statute. Ann. _ 60726. Note: Rules vary slightly for “limited actions” (actions where the amount in controversy or otherwise claimed as damages, excluding costs and interest, does not exceed $5,000.). See Chapter 61 (Kan. Statute. Ann. _ 61101, et seq.).

Interest Rate at which Judgments Accrue Judgments bear interest at 8% until July 1, 1980. Judgments rendered or unpaid thereafter bear interest at 12% until July 1, 1982. Judgments rendered or unpaid thereafter and before July 1, 1986 bear interest at 15%. After July 1, 1986, post judgment rate will be 4% above federal discount rate as of July 1 preceding date of judgment.

The rate of interest on judgments rendered pursuant to the code of civil procedure for limited actions shall be 12% per annum. Kan. Statute. Ann. 16204. Where judgment founded on contract specifying different rate, contract rate controls. Kan. Statute. Ann. 16205. Applicable Forms Kan. Statute. Ann. _ 60717. Kan. Statute. Ann. _ 60718. Kan. Statute. Ann. _ 60726(c) & (d)

Kentucky Procedural Requirements

After entry of final judgment in personam against debtor, judgment creditor may file affidavit signed by him or his agent or attorney in the office of the clerk of the court in which judgment was entered showing date of judgment, amount due thereon, that one or more persons hold property belonging to or are indebted to the judgment debtor and obtain order of garnishment to be served upon garnishee in accordance with the rules of civil procedure.

The order of garnishment shall be served on the persons named as garnishees, and in addition a copy thereof shall be delivered by the garnishee to the judgment debtor or mailed to him at his last known address. Subsequent orders of garnishment against the same or other garnishees may be issued in the same manner until the judgment is satisfied. The order of garnishment shall be served in accordance with the Rules of Civil Procedure. It shall summon the garnishees to answer in the action in the manner and at the time required for an answer by the Rules of Civil Procedure, and to make due return thereof. Ky. Rev. Statute. Ann. 425.501.

The garnishee may pay the money owing to the defendant by him, not exceeding the plaintiff’s claim and costs, to the sheriff having in his hands the order of attachment, or into the court or to such person as the court may direct in accordance with the Rules of Civil Procedure; and to that extent he shall be discharged from liability to the defendant. He shall not be subjected to costs beyond those caused by his resistance of the claim against him; and, if he discloses the property of the defendant in his hands, or the true sum owing by him, and delivers or pays the same to the sheriff, or according to the order of the court, he shall be allowed his costs. Ky. Rev. Statute. Ann. _ 425.516.

Each garnishee summoned shall appear in person or by affidavit served and filed as above set out disclosing any sums, whether due or not, owed defendant and any property of defendant in control or in possession of garnishee. If garnishee defaults, court may compel appearance for examination by process of contempt or it may hear proof of debt owing or property held by garnishee and make order in relation thereto as if what is so proved had appeared on examination of garnishee. Ky. Rev. Statute. Ann. 425.511.

Interest Rate at which Judgments Accrue Interest runs on judgments at rate of 12% compounded annually from its date, but judgment for accruing interest on written obligation bears interest according to instrument, whether higher or lower than 12%. Ky. Rev. Statute. Ann. 360.040.

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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

Click here to go to a page listing links to all articles on this blog site.

State Garnishment Laws: Idaho, Illinois, and Indiana

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Idaho, Illinois, and Indiana.  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 garnishment.  Garnishments are a primary part of judgment law.

Idaho Procedural Requirements

Upon receiving information in writing from the plaintiff or his attorney, that any person or corporation, public or private, has in his possession or control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the sheriff shall serve upon any such person, or corporation identified in the plaintiff’s written directions all of the following documents: a copy of the writ; a notice that such credits, or other property, or debts, as the case may be, are attached in pursuance of such writ; a notice of exemptions available under federal and Statutee law; instructions to debtors and third parties for asserting a claim of exemption; and a form for making a claim of exemption. The documents specified in 3 through 5 shall be in a form substantially similar to the form provided in _ 8507C.

No service of any writ of attachment, nor of execution, nor any garnishment, shall be made on any banking or trust corporation operating branch banks or more than one office where deposits are received, except by delivery of copies of the writs, notices and/or other papers required in other cases, to one of the officers or managing agents of such corporation employed in and at, and in charge of some particular office or branch of said corporation, and being so made, such writ or garnishment shall be valid and effective only as to moneys to the defendant’s credit in that particular office or branch and as to other personal property belonging to the defendant held in the possession or control of the officers or managing agents of said corporation employed in and at, and in charge of such office or branch. Idaho Code Ann. _ 8 507.

If service is upon a bank or other depository institution, within one business day, the sheriff shall hand deliver or mail to the defendant and any third party named in plaintiff’s written directions as a co-owner or having an interest in the property or money to be levied upon, one copy of all the documents specified in _ 8507. The plaintiff shall identify in the plaintiff’s written directions the last known mailing address of the defendant and any third party to be served. Idaho Code Ann. _ 8507A.

If the writ and notice of garnishment are served upon a bank or other depository institution holding money or accounts belonging to the defendant, the garnishee shall within one business day after such service, mail or hand deliver a copy of all documents served upon it by the sheriff to: the defendant at the address to which account Statuteements or other pertinent account documentation are normally sent, or if the money is not in an account, to the last known address of the defendant shown upon the records of the garnishee at the time of service upon it of the writ; and any other person shown upon the records of the garnishee as a co-owner or having an interest in the money or accounts garnished at the last known address of the third party shown upon the records of the garnishee at the time of service upon it of the writ. The bank or depository institutions shall be entitled to deduct a single fee of not to exceed ten dollars from the money transferred to the sheriff pursuant to the garnishment to cover the costs associated with the processing and service of the documents. The fee herein provided shall be the only fee to which the bank or depository institution is entitled regardless of the number of parties to which the documents are sent. Idaho Code Ann. _ 8507B.

With respect to any attachment, garnishment or execution, the plaintiff shall provide the sheriff with sufficient copies of the documents required to be served for service on the defendant and each additional party identified in the plaintiff’s written directions and shall provide an envelope addressed to each person required to be served. If the documents are to be mailed, proper postage shall be affixed. The sheriff may charge the plaintiff for the actual costs of any additional copies and postage required, which costs shall be in addition to the fees permitted under _ 313203 (sheriff’s fees). Personal service shall be accomplished in the same manner provided for service of summons under the Idaho rules of civil procedure. Provided however, the county sheriff shall have the option of accomplishing personal service by United Statutees mail with a facsimile acknowledgment of such service by the employer, in the case of garnishment. Mailing shall be by first class mail. Idaho Code Ann. _ 8507D.

Any person owing debts to the defendant, or having in his possession or under his control, any credits or other personal property belonging to the defendant, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on oath respecting the same. Idaho Code Ann. _ 8509. Written interrogatories may be delivered to the garnishee at the time of serving of the garnishment. Idaho Code Ann. _ 8511. Upon a copy of the interrogatories being served upon him, the garnishee shall make full and true answer to the same under oath and filed in the cause within five days thereafter. Idaho Code Ann. _ 8512.

If the answer of the garnishee be not excepted to, or denied within three days after its filing, unless the court, or judge in vacation, for good cause shown, gives longer time, it shall be taken to be true and sufficient, and if in such case any indebtedness or liability is admitted, judgment shall be rendered accordingly, and the garnishee shall be allowed a reasonable sum out of the funds or property confessed in his hands for his trouble and expense in answering. If all liability is denied, and the denial is uncontroverted, the garnishee shall be discharged at the cost of the plaintiff. In contested cases the costs shall be adjudged as in ordinary cases between plaintiff and defendant. Idaho Code Ann. _ 8515.

The sheriff must make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to the debts and credits attached, he must request, at the time of service, the party owing the debt or having the credit to give him a memorandum, Statuting the amount and description of each, and if such memorandum be refused, he must return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the cost of any proceedings taken for the purpose of obtaining information respecting the amounts and description of such debt or credit. Idaho Code Ann. _ 8524. Debts and credits may be collected by the sheriff if the same can be done without suit. Idaho Code Ann. _ 8525.

Interest Rate at which Judgments Accrue The legal rate of interest on money due on the judgment of any competent court or tribunal shall be the rate of five percent plus the base rate. The base rate shall be determined on July 1 of each year by the Idaho Statutee treasurer and shall be the weekly average yield on United Statutees treasury securities as adjusted to a constant maturity of one year and rounded up to the nearest one eighth percent. The announced base rate shall apply to all such judgments during the succeeding twelve months. Idaho Code Ann. 2822104.

Applicable Forms Written interrogatories may be in the following form: At the time of the service of the garnishment, had you in your possession, or under your control, any property, money, or effects of the defendant? If so, Statutee what property, how much, and of what value, and what money or effects? At the time of the service of the garnishment, did you owe the defendant any money, or do you owe him any now? If so, Statutee how much, on what account, and when did it become due? If not due, when will it become due? To these may be added any other proper and pertinent questions the answers to which might tend to show a liability on the part of the garnishee to the defendant. Idaho Code Ann. _ 8511. Idaho Code Ann. _ 8507C.

Illinois Procedural Requirements

Upon the filing by a judgment creditor of an affidavit that the applicant believes any person is indebted to the judgment debtor, other than for wages, and includes the last address of the judgment debtor known to the affiant as well as the name of the judgment debtor, the garnishment notice required by _ 12705 and written interrogatories to be answered by the garnishee with respect to the indebtedness, the clerk of the court in which the judgment was entered shall issue summons against the person named in the affidavit commanding him or her to appear in the court as garnishee and answer the interrogatories in writing under oath. The interrogatories shall require that the garnishee certify that a copy of the completed interrogatories has been mailed to the judgment debtor and shall be in a form consistent with local court rules. 735 ILCS _ 5/12701.

Summons with four copies of the interrogatories shall be served and returned as in other civil cases. The summons shall be accompanied by a copy of the underlying judgment or a certification by the clerk of the court that entered the judgment, or by the attorney for the judgment creditor, setting forth the amount of the judgment, the name of the court and the number of the case and one copy of a garnishment notice. 735 ILCS _ 5/12705.

To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order of the court any nonexempt indebtedness or other nonexempt property in his or her possession, custody or control belonging to the judgment debtor or in which the judgment debtor has any interest. The judgment or balance due thereon becomes a lien on the indebtedness and other property held by the garnishee at the time of the service of garnishment summons and remains a lien thereon pending the garnishment proceeding. The garnishee shall file a written answer under oath to the interrogatories, setting forth as of the date of service of the garnishment summons any indebtedness due or to become due to the judgment debtor and any other property in his, her or its possession, custody or control belonging to the judgment debtor or in which the judgment debtor has an interest. The garnishee shall mail, by first class mail, a copy of the answer to the judgment creditor and to the judgment debtor at the addresses specified in the affidavit or at any other address or location of the judgment debtor known to the garnishee, and shall certify in the answer that it was so mailed. 735 ILCS _ 5/12707.

No fee shall be paid by a garnishee for filing an appearance, answer or satisfaction of judgment against him or her. No fee shall be paid to a garnishee unless he or she is subpoenaed to appear as a witness, in which case he or she is entitled to witness fees as in other civil cases. Costs of obtaining the garnishment order are to be charged to the judgment debtor unless the court determines that the costs incurred by the judgment creditor were improperly incurred, in which case the costs are to be paid by the judgment creditor. 735 ILCS _ 5/12716.

Interest Rate at which Judgments Accrue Judgments recovered in any court shall draw interest at the rate of 9% per annum from date of the judgment until satisfied or 6% per annum when the judgment debtor is a unit of local government, a school district, a community college district, or any other governmental entity. When judgment is entered upon any award, report or verdict, interest shall be computed at the above rate, from the time when made or rendered to the time of entering judgment, and included in the judgment. 735 ILCS _ 5/21303. Applicable Forms Garnishment notice, 735 ILCS 5/12705.

Indiana Procedural Requirements

Proceedings supplemental to execution may be enforced by verified motion or with affidavits in the court where the judgment is rendered alleging generally: That the plaintiff owns the described judgment against the defendant; That the plaintiff has no cause to believe that levy of execution against the defendant will satisfy the judgment; That the defendant be ordered to appear before the court to answer as to his nonexempt property subject to execution or proceedings supplemental to execution or to apply any such specified or unspecified property towards satisfaction of the judgment; and If any person is named as garnishee, that garnishee has or will have specified or unspecified nonexempt property of, or an obligation owing to the judgment debtor subject to execution or proceedings supplemental to execution, and that the garnishee be ordered to appear and answer concerning the same or answer interrogatories submitted with the motion. If the court determines that the motion meets the foregoing requirements it shall, ex parte and without notice, order the judgment debtor, other named party defendants and the garnishee to appear for a hearing thereon or to answer the interrogatories attached to the motion, or both.

The motion, along with the court’s order Statuting the time for the appearance and hearing or the time for the answer to interrogatories submitted with the motion, shall be served upon the judgment debtor as provided in Rule 5, and other parties and the garnishee shall be entitled to service of process as provided in Rule 4. In aid of the judgment or execution, the judgment creditor and the judgment debtor may utilize the discovery provisions of these rules in the manner provided in these rules for discovery or as provided under the laws allowing proceedings supplemental. R. Trial P. 69.

After the issuing or return of an execution against the property of the judgment debtor and upon an affidavit that any person, corporation, municipal or otherwise, the Statutee or any subdivision or agency thereof has property of such judgment debtor, or is or will be from time to time indebted to him in any amount, although the amount shall be determined from time to time as it becomes due and payable, which, together with other property claimed by him as exempt from execution, shall exceed the amount of property so exempt by law, such person, corporation, or any member thereof, or the auditor of Statutee or auditing officer of the municipal corporations, subdivisions or agencies of the Statutee, may be required to appear and answer concerning the same provided that such person or persons not be required to appear personally in court unless the judge of the court shall order the personal appearance and the court may order interrogatories to be submitted, and the same to be answered, and a copy of the order of the court ordering the interrogatories answered shall be transmitted to the person or persons by the clerk of the court, by registered mail, and on receipt of such interrogatories and such order, such person or persons shall answer such interrogatories and return the same to such clerk by registered mail or personally and such court shall have full power to compel answers thereto. Ind. Code Ann. _ 341445.

From the day of service of the summons, the garnishee shall be accountable to the plaintiff in the action for the amount of money, property or credits in his hands, or due and owing from him to the defendant. Ind. Code Ann. _ 3411121. Costs shall be awarded and taxed in supplemental proceedings as in other cases. Ind. Code Ann. _ 341448.

Interest Rate at which Judgments Accrue Interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at the rate agreed upon in the original contract sued upon, which shall not exceed an annual rate of 8% or the annual rate of 8% if there was no contract by the parties. Ind. Code Ann. _ 244.61101. Governmental entities are liable for 6% interest from date of judgment or settlement if not paid within 180 days. Ind. Code Ann. 34416.517.

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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

Click here to go to a page listing links to all articles on this blog site.

State Garnishment Laws: Florida, Georgia, and Hawaii

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Florida, Georgia, and Hawaii.  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 garnishment.  Garnishments are a primary part of judgment law.  This post will help anyone who desires to use a garnishment to enforce a money judgment whether it be a judgment Georgia, Florida, or Hawaii.

Florida Procedural Requirements

Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment or other appropriate process or proceedings. Fla. R. Civil. P. 1.570. In aid of a judgment, decree or execution the judgment creditor may obtain discovery from any person, including the judgment debtor, in the manner provided in the Rules of Civil Procedure. Fla. R. Civil. P. 1.560.

Executions on judgments shall issue during the life of the judgment on oral request of the party entitled to it or his attorney without praecipe. No execution or other final process shall issue until the judgment on which it is based has been recorded nor within the time for serving a motion for new trial or rehearing and if a motion for new trial or rehearing is timely served, until it is determined; provided execution or other final process may be issued on special order of the court at any time after judgment. Fla. R. Civil. P. 1.550.

Every person who has sued to recover a debt or has recovered judgment in any court against any person, natural or corporate, has a right to a writ of garnishment to subject any debt due to defendant by a third person. Fla. Statute. Ann. _ 77.01. After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, his agent or attorney, shall file a motion Statuting the amount of the judgment and that movant does not believe that defendant has in his possession visible property on which a levy can be made sufficient to satisfy the judgment. The motion may be filed and the writ issued either before or after the return of execution. Fla. Statute. Ann. _ 77.03.

The writ shall require the garnishee to serve an answer to it on plaintiff within twenty days after service Statuting whether he is indebted to defendant at the time of answer, or was indebted at the time of service of the writ, or at any time between such times; and in what sum and what tangible or intangible personal property of the defendant he has in his possession or control at the time of his answer, or had at the time of the service of the writ, or at any time in between such times; and whether he knows of any other person indebted to defendant, or who may have any of the property of defendant in his possession or control. The writ shall Statutee the amount of the judgment. Fla. Statute. Ann. _ 77.04.

Within 5 days after service of the garnishee’s answer on the plaintiff or after the time period for the garnishee’s answer has expired, the plaintiff shall serve on the judgment debtor, by mail, the following documents: a copy of the writ, a copy of the answer, a notice, and a certificate of service. The notice shall advise the judgment debtor that he must move to dissolve the writ within the time period set forth in _ 77.07(2) [20 days] or be defaulted and that he may have exemptions from the garnishment which must be asserted as a defense. The plaintiff shall serve these documents on the judgment debtor at his last known address and any other address disclosed by the garnishee’s answer. The plaintiff must also serve these documents on any other person disclosed in the garnishee’s answer to have any ownership interest in the deposit, account, or property controlled by the garnishee. The plaintiff shall file in the proceeding a certificate of such service. Fla. Statute. Ann. _ 77.055.

Service of the writ shall make the garnishee liable for all debts due by him to the defendant and for any tangible or intangible personal property of the defendant in his possession or control at the time of service of the writ or at any time between the service and the time of his answer. The garnishee shall report in his answer and retain any deposit, account, or tangible or intangible personal property in the possession or control of such garnishee; and the answer shall Statutee the name or names and addresses, if known to the garnishee, of the defendant and any other persons having or appearing to have an ownership interest in the involved property. Fla. Statute. Ann. _ 77.06.

Before issuance of any writ of garnishment, the party applying for it shall deposit $100 in the registry of the court which shall be paid to garnishee on his demand at any time after the service of the writ for the payment or part payment of his attorney’s fee which he expends, or agrees to expend, in obtaining representation in response to the writ. At the time of deposit, the clerk shall collect the Statutory fee provided by _ 28.24(13) [service charge for receiving money into the registry of the court equal to 2% of the first $500 plus 1% of each subsequent $100] in addition to the $100 deposited into the registry of the court.

On rendering final judgment, the court shall determine the garnishee’s costs and expenses, including a reasonable attorney’s fee, and in the event of a judgment in favor of the plaintiff, the amount shall be subject to offset by the garnishee against the defendant whose property or debt owing is being garnished. In addition, the court shall tax the garnishee’s costs and expenses as costs. Plaintiff may recover in this manner the sum advanced by him and paid into the registry of court, and if the amount allowed by the court is greater than the amount of the deposit, judgment for garnishee shall be entered against the party against whom the costs are taxed for the deficiency. Fla. Statute. Ann. _ 77.28.

Interest Rate at which Judgments Accrue On December 1 of each year, the Comptroller of the Statutee of Florida shall set the rate of interest that shall be payable on judgments or decrees for the year beginning January 1 by averaging the discount rate of the Federal Reserve Bank of New York for the preceding year, then adding 500 basis points to the averaged federal discount rate. This process shall not affect a rate of interest established by written contract or obligation. Fla. Statute. Ann. _ 55.03. Applicable Forms Fla. R. Civil. P., Form 1.907.

Georgia Procedural Requirements

In all cases where a money judgment shall have been obtained, the plaintiff shall be entitled to the process of garnishment. Georgia. Code Ann. _ 18460. The plaintiff, the plaintiff’s attorney at law, or the plaintiff’s agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court which rendered the judgment, and the case number thereof. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affidavit shall first be made and approved in one of the following ways: The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed. The affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based. The affidavit may made before and approved by a judge of any court of record. The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided the affidavit is then submitted by mail or in person to any judge of a court of record and is approved by him. The affidavit may be made before the clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such rules. Georgia. Code Ann. _ 18461.

The summons of garnishment shall be directed to the garnishee, commanding him to file an answer Statuting what money or other property is subject to garnishment. Upon the affidavit and summons being delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his duty to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the affidavit to the court. If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution then the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons. If the defendant does have an active account with, or is the owner of any money or property in the possession of, the bank or financial institution then the garnishee must file an answer no sooner than 30 days and no later than 45 days after the service of the summons and must be accompanied by the money or other property subject to garnishment. Georgia. Code Ann. _ 18462.

In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment and of the issuance of an additional summons of garnishment on such affidavit when no notice has been given to the defendant within 90 days immediately preceding the issuance of such additional summons, using any one of the methods contained in __ 18464 or 9114.

No money or other property delivered to the court by the garnishee shall be distributed; nor shall any judgment be rendered against the garnishee until after the expiration of ten days from the date of compliance with at least one method of notification. Georgia. Code Ann. 18464. The garnishee shall be entitled to his actual reasonable expenses, including attorney’s fees, in making a true answer of garnishment. The amount so 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 garnishee may deduct $25 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50, as reasonable attorney’s fees or expenses. If the garnishee can show that his actual attorney’s fees or expenses exceed the above amount, he must petition the court for a hearing at the time of making his answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for the payment of actual attorney’s fees or expenses proven by the garnishee to have been incurred reasonably in making his answer. Georgia. Code Ann. _ 18497.

Interest Rate at which Judgments Accrue All judgments shall bear interest upon the principal amount recovered at the rate of 12 percent per year unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such contract or obligation. Georgia. Code Ann. _ 7412. Applicable Forms Georgia. Code Ann. _ 18466.

Hawaii Procedural Requirements

In any action brought by a creditor against a debtor, the creditor may, after judgment rendered in the creditor’s favor, request the court to summon any garnishee to appear personally, upon a day appointed in the summons for hearing the cause as against the garnishee, and make full disclosure. Alias summons shall also be issued and served upon the garnishee in any of the manners described under _ 6522.5 [1].

At the time of service, any and every element of any garnishee fund [2] then in the hands of the garnishee shall be there secured to pay the judgment already recovered and may not otherwise be disposed of by the garnishee. If any party named in the process as garnishee is a corporation, firm, or person having places of business in more than one judicial circuit or district in the Statutee, the service of process upon the garnishee shall operate only to secure the garnishee fund within the circuit, circuits, or district in which the process is served. Haw. Rev. Statute. _ 6521.

In all cases in which the garnishee is summoned after judgment, the garnishee fund, or such part thereof as may be sufficient for that purpose, shall be liable to pay the judgment. The plaintiff on praying out execution shall be entitled to have included in the execution an order directing the officer serving the same to make demand of the garnishee for the debt or wages secured in his hands or the moneys held by him for safekeeping. Haw. Rev. Statute. _ 6522.

Whenever any person summoned as a garnishee may be desirous of so doing, the person may apply to the district judge or any judge of the court from which the summons may have issued, and the judge having caused reasonable notice to be given to the plaintiff in the action, shall proceed to take the deposition of the person thus summoned, and make such orders as may be proper in the premises, at any time previous to the date appointed for hearing the cause, and the person summoned as garnishee, shall be taken to have obeyed the summons. Haw. Rev. Statute. _ 6529.

Section 6529 shall be printed or written conspicuously on every summons issuing out of any court of the Statutee which is intended to be served on any alleged attorney, factor, trustee, or debtor of a defendant in any action. Haw. Rev. Statute. _ 65211. Every garnishee shall be allowed $3 in cases in the circuit courts and $1 in cases in the district courts for filing a return on or before the return day or for appearance on the return day, as the case may be, and, in special or exceptional cases in which the court may deem proper, such further sums as the court may deem reasonable for counsel fees and other necessary expenses. The allowance for return or appearance of the garnishee shall be deposited with the clerk of the court in order to hold for the garnishee and shall be paid to the garnishee when the garnishee makes the garnishee’s return and files the same in court or when the garnishee makes the garnishee’s appearance in court.

The garnishee, if discharged, may collect from the plaintiff on execution any unpaid allowances or, if held, may retain the same out of goods, effects, or credits of the defendant in the garnishee’s hands. As between the plaintiff and defendant, if the garnishee is discharged, the costs of the garnishment proceeding, including $1 for each copy of summons and $1 for each service of summons, shall be taxed against the plaintiff; but, if the garnishee is held, such costs and all such allowances as have been paid by the plaintiff to the garnishee shall be taxed against the defendant. Haw. Rev. Statute. _ 65213.

Interest Rate at which Judgments AccrueAt the rate of ten percent a year, and no more, shall be allowed on any judgment recovered before any court in the Statutee, in any civil suit. Haw. Rev. Statute. _ 4782. Applicable Forms 1 Service of the copy upon the garnishee may be made in any of the manners here described, namely:

(1) If the garnishee lives or has an office in the district in which process is issued, by the serving officer’s handing a copy to the garnishee in person or leaving it in the garnishee’s office in charge of some deputy or clerk or other employees or attache of the office; or

(2) If the garnishee lives in a district other than that in which the process was issued, by the serving officer’s handing a copy to the garnishee in person, or by mailing it in a sealed envelope, registered or certified, postage prepaid, return receipt requested, and addressed to the garnishee’s last known home or business address. Haw. Rev. Statute. _ 6522.5. 2

The term “garnishee fund” includes the goods and effects of the defendant then in the hands of the garnishee, any debt then owing from the garnishee to the defendant, moneys of the defendant then in the possession of the garnishee for safekeeping, and a portion of the defendant’s wages, salary, stipend, commissions, annuity, or net income under a trust, remaining after the deduction of any amounts required by law. Haw. Rev. Statute. _ 6521.

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

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

Bryan

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