State Garnishment Laws

State Garnishment Laws:

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.

State Garnishment Laws

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Federal Wage Garnishment Law and your rights

 

Alabama Procedural Requirements

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. Alabama Code _ 66 391.

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. Alabama Code _ 66393.

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. The notice shall identify the name of the parties, the court in which the action is pending and the case number. In addition, except in proceedings to collect child or spousal support, the notice shall also contain a statement concerning rights of exemption. Alabama R. Civil. P. 64A.

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. Any demand for oral examination must be made by motion filed within 30 days from the date of notice of filing of the answer. Alabama Code _ 66450.

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. Alabama Code _ 66 452.

When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during his attendance when such attendance is required, together with five cents per mile going to and returning from court. In addition, when the personal attendance of the garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs. Alabama Code _ 66462.

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. 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. Alabama Code _ 8810. Applicable Forms Rights of Exemption, Alabama R. Civil. P. 64A.

Alaska Procedural Requirements

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. Alaska Code Civil. P. _ 09.40.010.

Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose. Alaska Code Civil. P. _ 09.40.025. 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. Alaska Code Civil. P. _ 09.40.040.

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. If the person refuses to do so, or if the statement is unsatisfactory to the plaintiff, the person may be ordered to appear before the court and be examined concerning the property or debt. Alaska Code Civil. P. _ 09.40.060.

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. Alaska Code Civil. P. _ 09.35.010. 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. Alaska Code Civil. P. _ 09.35.070.

The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied. Alaska Code Civil. P. _ 09.35.100.

Interest Rate at which Judgments Accrue The rate of interest on judgments and decrees for the payment of money is 10.5 percent a year, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specific rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree. 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. Alaska Code Civil. P. _ 09.30.070.

Arkansas Procedural Requirements

In all such actions where the plaintiff has obtained judgment, he may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. The plaintiffs in all cases of garnishment may also have an attachment against the property of the garnishee, who is made a defendant thereto, by stating in his affidavit one or more of the grounds for attachment and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee. Ark. Code Ann. _ 16110102.

The order of attachment shall be executed by the sheriff or other officer without delay by delivering a copy of the order, with a notice specifying the debt attached, to the person owing it. The sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. It shall be the duty of every person to whom the sheriff shall apply therefor, to furnish him with the amount of the debt owing to the defendant, whether due or not. A failure to perform his duty may be punished by the court as contempt. Ark. Code Ann. _ 16110111.

The sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one or more sufficient sureties of the plaintiff, to the effect that he will pay to the person the damages he may sustain by the wrongful suing out of the order. Ark. Code Ann. _ 16110113.

Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him to the defendant, whether due or not, at or after the service of the order of attachment. Where a garnishee appears in person, he may be examined on oath. If it is discovered on the examination that, at or after the service of the order of attachment upon him, he was indebted to the defendant, the court may order the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the amount owing, or the court may permit the garnishee to retain the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct. The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee by process, as in cases of 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. Ark. Code Ann. _ 16110127.

The garnishee may pay the money owing to the defendant by him to the sheriff having in his hands the order of attachment or into the court. The garnishee shall not be subjected to costs beyond those caused by his resistance of the claim against him. 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. Ark. Code Ann. _ 16110129.

on the service of a summons upon any garnishee or after his failure to make a disclosure satisfactorily to the plaintiff, the latter may proceed in an action against him by filing a complaint verified as in other cases and causing a summons to be issued upon it. Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee. The judgment may be enforced by execution or other proper means. Ark. Code Ann. _ 16110133.

Interest Rate at which Judgments Accrue Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent per annum, whichever is greater, and on any other judgment at ten percent per annum, but not more than the maximum rate permitted by law. Ark. Code Ann. _ 1665114.

Arizona Procedural Requirements

A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person in his behalf makes an application in writing. The application shall contain the following: A statement that the applicant is a judgment creditor. A statement that the applicant has good reason to believe that the garnishee is holding nonexempt monies on behalf of the judgment debtor. The amount of the outstanding balance due on the underlying judgment, together with interest and accrued allowable costs, on the date the application is made, and the rate at which interest accrues on that judgment. The address of the garnishee. Arizona. Rev. Statute. Ann. _ 121572.

When the judgment creditor has filed the application, the clerk or justice of the peace shall issue a writ of garnishment of monies or property and a summons directed to the sheriff, constable or any officer authorized by law to serve process in the county where the garnishee is alleged to be, commanding him to immediately summon the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ. The writ shall state: The amount of the outstanding balance due on the judgment, including accrued interest and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment. The name and address of the garnishee or his authorized agent. The name and address of the judgment creditor and his attorney, if applicable. The last mailing address of the judgment debtor know to the judgment creditor. The judgment creditor, in the manner required for a summons by rules of the court in civil matters, shall serve on the garnishee two copies of the summons and writ of garnishment, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form and one copy of the instructions to garnishee provided for in _ 12 1596.

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. Arizona. Rev. Statute. Ann. _ 121574.

Note, monies owing to a judgment debtor by a banking corporation or association, savings banks, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the possession of or under the control of such entity, may be levied upon by serving a copy of the writ of garnishment upon the manager or other officer of such entity, at any office or branch thereof located in the county where such service is made. No garnishment shall be effective as to any debt owing by such entity if the account evidencing such indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or as to any credits or other effects in its possession or under its control at any other office or branch, unless the service of writ is accompanied by a cash tender of twenty five dollars to the garnishee as costs for the search. on the payment of the search fee the writ shall be effective as to any debt owing by such entity, if the account evidencing such indebtedness is carried at any office or branch thereof located in the county in which service is made, but shall not be effective as to any debt owing by such entity, if the account evidencing such indebtedness is carried at an office or branch thereof located in a county other than the county in which service is made. Arizona. Rev. Statute. Ann. _ 12 1577.

From and after the service of all documents required to be served pursuant to _ 121574 the garnishee shall not pay to the judgment debtor any monies which are not exempt. Any such payment is void and of no effect as to so much of the monies as is necessary to satisfy the judgment creditor’s demand. However, a financial institution shall not withhold from the judgment debtor the amount set forth as exempt pursuant to _ 331125, paragraph 7, unless ordered by the court to do so after a hearing pursuant to _ 121580. Arizona. Rev. Statute. Ann. _ 12 1578.

Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee’s costs and attorney’s fee. Arizona. Rev. Statute. Ann. _ 121582.

When the garnishee is discharged upon his answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor. When there is no written objection to the answer of the garnishee and the garnishee is held on his answer, the above costs shall be taxed against the judgment debtor. Where the answer is objected to in writing the costs shall abide the issue. Arizona. Rev. Statute. Ann. _ 121591.

A bank deposit made in the names of two or more persons shall be subject to garnishment. The answering garnishee shall, upon service of the writ, impound all funds then present in the bank account, and shall promptly notify each person who appears from the business records of the garnishee to have an interest in such bank account in addition to the judgment debtor that such account has been impounded, the name of the judgment creditor and judgment debtor and the court in which the action is pending as Statuted on the writ. The notice may be made personally or by registered mail, postage prepaid, addressed to each such person at his last known address as reflected by the business records of the garnishee. The answer of the garnishee, in such case, shall Statutee under oath the names of all persons who appear from the business records of the garnishee to have an interest in the bank account in addition to the judgment debtor. on the filing of the answer the court shall join all persons who appear to have an interest in the bank account in addition to the judgment debtor, as reflected by the answer of the garnishee, and shall proceed to a determination of the interest of the judgment debtor therein. on entry of an order based upon such proceeding all impounded funds, except those of the judgment debtor, shall be released by the garnishee. The matter shall otherwise proceed as in any other garnishment action. Arizona. Rev. Statute. Ann. _ 12595.

Under the Arizona Rules of Civil Procedure, “In aid of the judgment or execution, the judgment creditor . . . may obtain discovery from any person, including the judgment debtor, in the manner provided in these Rules or otherwise by law.” Arizona. R. Civil. P. 69. Note: Personal property does not include accounts under Arizona. Rev. Statute. Ann. _ 121570.

Deliver means to hand deliver, to mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner, or to serve on a party pursuant to the rules of civil procedure applicable to a summons. Arizona. Rev. Statute. Ann. _ 121570.

Interest Rate at which Judgments Accrue Any judgment shall be at the rate of ten percent per annum. However, a judgment given on an agreement bearing a higher rate not in excess of the maximum permitted by law shall bear the rate of interest provided in the agreement, and it shall be specified in the judgment. Arizona. Rev. Statute. Ann. _ 441201. Applicable Forms The court or justice of the peace shall provide to the parties, at no charge, copies of the following documents required to be delivered pursuant to _ 121574:

The notice to judgment debtor and request for hearing form as prescribed by the supreme court but necessarily including an explanation of the judgment debtor’s rights and responsibilities relating to the garnishment procedure, including information concerning exemption rights, grounds for objecting to the writ, and the objection and hearing procedures and a form on which the judgment debtor may request a hearing. The answer form. The instructions to garnishee. A party to a garnishment proceeding may use documents other than those provided, if such documents are substantially similar to those prescribed by the supreme court. Arizona. Rev. Statute. Ann. _ 121596.

California Procedural Requirements

At any time after delivery of a writ of execution to a levying officer and before its return, a person indebted to the judgment debtor may pay to the levying officer the amount of the debt or so much thereof as is necessary to satisfy the money judgment. The levying officer shall give a receipt for the amount paid and such receipt is a discharge for the amount paid. Cal. Civil. Procedure. Code _ 699.020.

A registered process server may levy under a writ of execution on deposit accounts. Before levying under the writ of execution, the registered process server shall deposit a copy of the writ with the levying officer and pay the fee provided by _ 26721 of the Government Code ($20). Cal. Civil. Procedure. Code _ 699.080.

After entry of a money judgment, a writ of execution shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server. A separate writ shall be issued for each county where a levy is to be made. Writs may be issued successively until the money judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned. Cal. Civil. Procedure. Code _ 699.510.

The writ of execution shall require the levying officer to whom it is directed to enforce the money judgment and shall include the following information: The date of issuance of the writ. The title of the court where the judgment is entered and the cause and number of the action. The name and address of the judgment creditor and the name and last known address of the judgment debtor. The date of the entry of the judgment and of any subsequent renewals and where entered in the records of the court. The total amount of the money judgment as entered or renewed, together with costs and the accrued interest on the judgment from the date of entry or renewal of the judgment to date of issuance of the writ, reduced by any partial satisfactions and by any amounts no longer enforceable. The amount required to satisfy the money judgment on the date the writ is issued. The amount of interest accruing daily on the principal amount of the judgment from the date the writ is issued. Whether any person has requested notice of sale under the judgment and, if so, the name and mailing address of such person. Cal. Civil. Procedure. Code _ 699.520.

on delivery of the writ of execution to the levying officer to whom the writ is directed, together with the written instructions of the judgment creditor, the levying officer shall execute the writ in the manner prescribed by law. The levying officer may not levy upon any property under the writ after the expiration of 180 days from the date the writ was issued. Cal. Civil. Procedure. Code _ 699.530.

The notice of levy shall inform the person notified of all of the following: The capacity in which the person is notified. The property that is levied upon. The person’s rights under the levy, including the right to claim an exemption and the right to make a third-party claim. The person’s duties under the levy. Cal. Civil. Procedure. Code _ 699.540. At the time of levy, the levying officer shall serve, either personally or by mail, a copy of the writ of execution, a notice of levy and, if the judgment debtor is a natural person, a copy of the form listing exemptions. Cal. Civil. Procedure. Code _ 700.010.

Subject to Section 700.160, to levy upon a deposit account, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the financial institution with which the deposit account is maintained. The execution lien reaches only amounts in the deposit account at the time of service on the financial institution (including any item in the deposit account that is in the process of being collected unless the item is returned unpaid to the financial institution). At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of execution and a notice of levy on any third person in whose name the deposit account stands. Service shall be made personally or by mail. During the time the execution lien is in effect, the financial institution shall not honor a check or other order for the payment of money drawn against, and shall not pay a withdrawal from, the deposit account that would reduce the deposit account to an amount less than the amount levied upon. When the amount levied upon pursuant to this section is paid to the levying officer, the execution lien on the deposit account levied upon terminates. Cal. Civil. Procedure. Code _ 700.140. A deposit account in the name of a person other than the judgment debtor, either alone or together with other third persons, is not subject to levy under _ 700.140 unless the levy is authorized by court order.

A court order is not required as a prerequisite to levy on a deposit account in the name of the judgment debtor, whether alone or together with third persons, or the judgment debtor’s spouse, whether alone or together with other third persons. An affidavit showing that the person in whose name the account stands is the judgment debtor’s spouse shall be delivered to the financial institution at the time of levy. In any case where a deposit account in the name of a person other than the judgment debtor, whether alone or together with the judgment debtor, is levied upon, the financial institution shall not pay to the levying officer the amount levied upon until being notified to do so by the levying officer. The levying officer may not require the financial institution to pay the amount levied upon until the expiration of 15 days after service of notice of levy on the third person. Cal. Civil. Procedure. Code _ 700.160.

Interest Rate at which Judgments Accrue At the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Cal. Civil. Procedure. Code _ 685.010. Interest commences to accrue on a money judgment on the date of entry of the judgment. However, if a money judgment is payable in installments, interest commences to accrue as to each installment on the date the installment becomes due. Cal. Civil. Procedure. Code _ 685.020.

Colorado Procedural Requirements

“Writ of garnishment with notice of exemption and pending levy” means the exclusive procedure through which the personal property of any kind (other than earnings of a natural person) in the possession or control of a garnishee including the credits, debts, chooses in action, or money owed to the judgment debtor, whether they are due at the time of the service of the writ or are to become due thereafter, is required to be held for payment of a judgment debt (a “Writ with Notice”). A Writ with Notice shall be in the form and content of Colo. R. Civil. P. Form 29.

After entry of a judgment when a writ of execution may issue, a Writ with Notice shall be issued by the clerk of the court upon request. Under such writ any indebtedness, intangible personal property, or tangible personal property capable of manual delivery, other than earnings of a natural person, owed to, or owned by, the judgment debtor, and in the possession or control of the garnishee at the time of service of such writ upon the garnishee, shall be subject to the process of garnishment. Issuance of a writ of execution shall not be required before the issuance of a Writ with Notice. Service of a Writ with Notice shall be made in accordance with Colo. R. Civil. P. 4.

Following service of the Writ with Notice on the garnishee, a copy of the Writ with Notice, together with a blank copy of Colo. R. Civil. P. Form 30 shall be served upon each judgment debtor whose property is subject to garnishment by such writ as soon thereafter as practicable. Such service shall be in accordance with Colo. Rev. Statute. Ann. 1354.5107(2)* 1 Service of a Writ with Notice upon the garnishee shall give the court jurisdiction over the garnishee and any personal property of any description, owned by, or owed to the judgment debtor in the possession or control of the garnishee. Colo. R. Civil. P. 103.

Interest Rate at which Judgments Accrue Creditors shall be allowed to receive interest on any judgment recovered before any court authorized to enter the same within this Statutee from the date of entering said judgment until satisfaction thereof is made either at the rate specified in a contract or instrument in writing which provides for payment of interest at a specified rate until the obligation is paid, except that if the contract or instrument provides for a variable rate, at the rate in effect under the contract or instrument on the date judgment enters, or in all other cases where no rate is specified, at the rate of eight percent per annum compounded annually. Colo. Rev. Statute. Ann. _ 512102.

Note: Special rates apply if a judgment has been appealed. Colo. Rev. Statute. Ann. _ 512106. Furthermore, special rates apply in actions to recover damages for personal injuries. Colo. Rev. Statute. Ann. _ 1321101. Applicable Forms Colo. R. Civil. P. Form 29 Colo. R. Civil. P. Form 30 1 Service shall be made by delivering a copy of such notice to the judgment debtor personally or by leaving a copy of such notice at the usual abode of the judgment debtor with some member of his family over the age of eighteen years. In the event that personal service cannot be made, the section provides for service through publication. Such notice, with proof of service thereof, and, in the case of publication, an affidavit of publication and an affidavit of the mailing of notice shall be filed with the clerk of the court in which the judgment was entered. Colo. Rev. Statute. Ann. _ 1354.4107(2).

Connecticut Procedural Requirements

When any post judgment paper, other than a wage execution or property execution levied against property of a natural person, is served on a third person, the judgment creditor shall send a copy of the papers so served, together with a Statuteement as to on whom the papers were served, to the judgment debtor at his last known address by first class mail, postage paid. Conn. Gen. Statute. Ann. _ 52351a.

Unless otherwise provided by law, service of process concerning a post judgment procedure may be made by a proper officer sending a true and attested copy thereof by certified mail, return receipt requested, to a person at his last known address, as provided for service of process by chapter 896, or as provided by rule of court for service on an appearing party if made on a party who has filed a post judgment appearance or if made within one hundred eighty days of rendition of judgment on a party who appeared in the action. Conn. Gen. Statute. Ann. _ 52 350e.

A judgment creditor may obtain discovery from the judgment debtor or from any financial institution of any matters relevant to satisfaction of the money judgment. The judgment creditor shall commence any discovery proceeding by serving an initial set of interrogatories, in a prescribed form containing such questions as to the assets and employment of the judgment debtor as may be approved by the judges of the superior court or their designee, on the person from whom discovery is sought. Service of an initial set of interrogatories relevant to obtaining satisfaction of a money judgment of a up claims session of the superior court may be made, upon request of the judgment creditor, by the clerk of the court sending such interrogatories by certified mail, return receipt requested, to the person from whom discovery is sought, provided the judgment creditor pays to such clerk a fee of five dollars for each mailing requested. Such person shall answer the interrogatories and return them to the judgment creditor within thirty days of the date of service. If interrogatories are served on a financial institution, the financial institution shall disclose only whether it holds funds of the judgment debtor on account and the balance of such funds, up to the amount necessary to satisfy the judgment. The interrogatory form shall specify the names and last known addresses of the judgment creditor and the judgment debtor, the court in which and the date on which the judgment was rendered, and the original amount of the judgment and the amount due thereon. The interrogatory form shall contain a notice of rights with respect to post judgment interrogatories as prescribed by _ 52361b.

On failure of a person served with interrogatories to, within the thirty days, return a sufficient answer or disclose sufficient assets for execution, or on objection by such person to the interrogatories, the judgment creditor may move the court for such supplemental discovery orders as may be necessary to ensure disclosure. Conn. Gen. Statute. Ann. _ 52351b.

Execution may be granted against any debts due from any banking institution to a judgment debtor who is a natural person [1], except to the extent such debt is protected as exempt or wages [2]. If execution is desired against any such debt, the plaintiff requesting the execution shall notify the clerk of the court. If the papers are in order, the clerk shall issue such execution containing a direction that the officer serving the same shall, within seven days from the receipt by the officer of such execution, make demand upon the main office of any banking institution having its main office within the county of such officer or if such main office is not within such officer’s county and such banking institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the banking institution in accordance with regulations adopted by the commissioner of banking in accordance with chapter 54, for payment of any such nonexempt debt due to the judgment debtor and, after having made such demand, shall serve a true and attested copy of the execution, together with the affidavit and exemption claim form prescribed by subsection (k) of this section, with his doings endorsed thereon, with the banking institution officer upon whom such demand is made. If any such banking institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor, it shall remove from the debtor’s account the amount of such indebtedness not exceeding the amount due on such execution before its midnight deadline, as defined by _ 42a4104.

on receipt of the execution and exemption claim form from the serving officer, the banking institution shall forthwith mail copies thereof, postage prepaid, to the judgment debtor at his last known address with respect to the affected accounts on the records of the banking institution. The institution shall hold the amount removed from the debtor’s account pursuant to subsection (c) of this section for fifteen days from the date of the mailing to the judgment debtor and during such period shall not pay the serving officer. If an exemption claim is made, the banking institution shall continue to hold the amount removed from the judgment debtor’s account for twenty days or until a court order is received regarding disposition of the funds, whichever occurs earlier. If no order is received within twenty days of the date the banking institution sends a copy of the exemption claim form or notice of exemption to the clerk of the court, the banking institution shall return the funds to the judgment debtor’s account. If no claim of exemption is received by the banking institution within fifteen days of the mailing to the judgment debtor of the execution and exemption claim form, the banking institution shall, upon demand, forthwith pay the serving officer the amount removed from the judgment debtor’s account, and the serving officer shall thereupon pay such sum, less his fees, to the judgment creditor, except to the extent otherwise ordered by a court. Conn. Gen. Statute. Ann. _ 52367b.

If records or testimony are subpoenaed from a banking institution in connection with a hearing conducted to determine an exemption claim, the reasonable costs and expenses of the banking institution in complying therewith shall be recoverable by it from the party requiring such records or testimony, provided, the banking institution shall be under no obligation to attempt to obtain records or documentation relating to the account executed against which are held by any other banking institution. If there are moneys to be removed from the debtor’s account, prior to the removal of such moneys the banking institution shall receive from the serving officer as representative of the judgment creditor a fee of eight dollars for its costs in complying with these provisions which fee may be recoverable by the creditor as a taxable cost of the action. Conn. Gen. Statute. Ann. _ 52367b.

Interest Rate at which Judgments Accrue At the rate of ten per cent a year, and no more, may be recovered and allowed in civil actions, including actions to recover money loaned at a greater rate, as damages for the detention of money after it becomes payable [3]. Whenever the maker of any contract is a resident of another Statutee, any obligee or holder of such contract, residing in this Statutee, may lawfully recover any agreed rate of interest or damages on such contract until it is fully performed, not exceeding the legal rate of interest in the Statutee where such contract purports to have been made. Conn. Gen. Statute. Ann. _ 373a.

Applicable Forms 1 Conn. Gen. Statute. Ann. Sec 52367a governs executions against debts due from banking institutions when the debtor is not a natural person. 2 See Conn. Gen. Statute. Ann. Sec. 52352a, 5352b, 52361a. 3 Conn. Gen. Statute. Ann. _ 373b governs the rate of interest recoverable in negligence actions. Similarly, Conn. Gen. Statute. Ann. _ 373c governs the rate of interest recoverable in condemnation cases.

Delaware Procedural Requirements

Banks are exempt from equitable order restraining disbursement of funds. Delaware Trust Co. v. Partial, 517 A.2d 259 (Del. Ch. 1986).

Interest Rate at which Judgments Accrue Judgments shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due. Del. Code Ann. tit. 6, _ 2301.

District of Columbia Procedural Requirements

An attachment may be issued upon a judgment either before or after or at the same time with a fieri facias. If costs are unnecessarily multiplied thereby they shall be charged to the party causing the attachment to be issued. D.C. Code § 16-542.

An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment. D.C. Code § 16-546.

Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period the garnishee shall incur no liability whatsoever for the retention. D.C. Code § 16-547.

The court may make all orders necessary for the preservation of the property attached. D.C. Code § 16-550. In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers, verified by a written declaration that the answers are made under the penalties of perjury, to the interrogatories within ten days after service upon him. In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands. D.C. Code § 16-552.

If a garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff’s judgment, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by § 16-551. In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney’s fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding. D.C. Code § 16-553.

If a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the amount of the plaintiff’s judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands. When the credits are not immediately due and payable, execution shall be stayed until they become due. When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff’s judgment and costs, and execution may be had thereon. D.C. Code § 16-556.

Interest Rate at which Judgments Accrue In an action in the United Statutees District Court for the District of Columbia or the Superior Court of the District of Columbia to recover a liquidated debt on which interest is payable by contract or by law or usage the judgment for the plaintiff shall include interest on the principal debt from the time when it was due and payable, at the rate fixed by contract, if any, until paid. D.C. Code § 15-108.

In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only. In an action to recover damage for a wrong the judgment for the plaintiff shall bear interest. D.C. Code § 15-109. The rate of interest is 70% of the rate of interest set by the Secretary of the Treasury pursuant to § 6621 of the Internal Revenue Code of 1986 for underpayments and overpayments of tax to the Internal Revenue Service, rounded to the nearest full percent, or if exactly 1/2 of 1%, increased to the nearest full percent. D.C. Code § 28-3302.

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. on 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. on 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. on 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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