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Debtors, use this information to learn about your state’s wage garnishment procedures.
Employers, creditors and collectors should review their state garnishment laws outlined below BEFORE attempting administrative wage garnishment procedures. on filing of the garnishee’s answer, the clerk or register shall give the plaintiff and the defendant notice, and the garnishee may, if required by the plaintiff, be examined orally in the presence of the court. A plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy the judgment.
If you believe your Federal Wage Garnishment Law and your rights To obtain a writ of garnishment, a judgment creditor must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the judgment was entered, an affidavit stating the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. on the filing of the affidavit, the officer filing the affidavit must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer upon oath. When a garnishment is issued on a judgment in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice to the defendant contemporaneously with the service of process of garnishment on the garnishee. Any demand for oral examination must be made by motion filed within 30 days from the date of notice of filing of the answer. If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much as may be necessary to satisfy the plaintiff’s demand and costs into court to await the order of the court. When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed per day during his attendance when such attendance is required, together with five cents per mile going to and returning from court.
The notice shall identify the name of the parties, the court in which the action is pending and the case number. In addition, when the personal attendance of the garnishee is not required, he shall be allowed for such answer, which shall be taxed and collected as other costs. Interest Rate at which Judgments Accrue Judgments for the payment of money, other than costs, if based upon a contract action, bear interest from the day of the cause of action, at the same rate of interest as stated in the contract.
In addition, except in proceedings to collect child or spousal support, the notice shall also contain a statement concerning rights of exemption. All other judgments shall bear interest at the rate of 12 percent per annum.
In addition, fees allowed a trustee, executor, administrator, or attorney and taxed as part of the cost of the proceeding shall bear interest at a like rate from the day of entry.
Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose.
All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff for the amount of the property or debts until the attachment is discharged or the judgment recovered by plaintiff is satisfied.
When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and description of any personal property in the person’s possession belonging to the defendant, or any debt the person owes to the defendant. A party in whose favor a judgment is given that requires the payment of money may have a writ of execution issued for its enforcement. All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempted by law, and all property and rights of property seized and held under attachment in the action are liable to execution. The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied. Except when the court finds that the parties have agreed otherwise, prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier. A failure to perform his duty may be punished by the court as contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt owing by him to the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee. In fact, if he discloses the true amount owing by him and pays the amount owing according to the order of the court, he shall be allowed his costs. The judgment may be enforced by execution or other proper means. Within three days, not including weekends and holidays, the garnishee shall deliver to the judgment debtor a copy of the summons and writ of garnishment, a copy of the underlying judgment and the notice to judgment debtor and request for hearing form.