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State Garnishment Laws 2:
|AL – HIMI – NM|
on 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. on 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.
on 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.
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.
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
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)
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.
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.
on 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.
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 .
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.
on 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. )
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 on 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.