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State Wage Garnishment Laws

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Michigan Procedural Requirements

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

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

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

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

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

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

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

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

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

Minnesota Procedural Requirements

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

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

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

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

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

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

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

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

Mississippi Procedural Requirements

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

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

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

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

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

Missouri Procedural Requirements

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

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

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

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

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

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

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

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

Montana Procedural Requirements

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

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

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

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

Nebraska Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper. Neb. Rev. Statute. _ 25-1569.

The judge may order any property of the judgment debtor, not exempt by law, in the hands of either himself or any other person or corporation, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. Neb. Rev. Statute. _ 25-172. The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment were made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith. Neb. Rev. Statute. _ 25-1573.

In all cases when a judgment has been entered by any court of record and the judgment creditor has filed an affidavit setting forth the amount due on the judgment, interest, and costs in the office of the clerk of the court where the judgment has been entered and that he or she has good reason to and does believe that any person, partnership, limited liability company, or corporation, naming him, her, or it, has property of and is indebted to the judgment debtor, the clerk shall issue a summons which shall set forth the amount due on the judgment, interest, and costs as shown in the affidavit and require such person or entity to answer written interrogatories to be furnished by the plaintiff and to be attached to such summons. The summons shall be returnable within ten days from the date of its issuance and shall require the garnishee to answer within ten days from the date of issuance. Except when wages are involved, the garnishee shall hold the property of every description and the credits of the defendant in his or her possession or under his or her control at the time of the service of the summons and interrogatories until the further order of the court. Neb. Rev. Statute. _ 25-1056.

The garnishee shall answer, under oath, all the interrogatories put to him touching the property of every description and credits of the defendant in his possession or under his control at the time of the service of the summons and interrogatories, and he shall disclose truly the amount owing by him to the defendant, whether due or not, and, in case of a corporation, any stock there in held by or for the benefit of the defendant, at the time of the service of the summons and interrogatories. The fee for filing of answer may be taxed and collected in the same manner as other costs in such proceedings. Neb. Rev. Statute. _ 25-1026.

The summons and order of garnishment and the interrogatories in duplicate, a notice to the judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for service of a summons in a civil action. The judgment creditor shall send to the judgment debtor by certified mail to the last-known address of the judgment debtor a copy of the summons and order of garnishment, a notice to judgment debtor form, and a request for hearing form within three business days of issuance by the court and shall certify in writing to the court the date of mailing. Neb. Rev. Statute. _ 25-1011.

The party seeking garnishment shall advance the costs of transcripts and docketing the matter in the district court. The district court shall be entitled to the following fee in civil matters: For issuance of a writ of execution, restitution, garnishment, attachment, and examination in aid of execution, a fee of five dollars each. Neb. Rev. Statute. _ 25-1031.02.

Interest Rate at which Judgments Accrue Judgment interest on decrees and judgments for the payment of money shall be fixed at a rate equal to one percentage point above the bond equivalent yield, as published by the Secretary of the Treasury of the United Statutees, of the average accepted auction price for the last auction of 52 week United Statutees Treasury bills in effect on the date of judgment. This interest rate shall not apply to an action founded upon an oral or written contract in which the parties have agreed to a rate of interest. Neb. Rev. Statute. _ 45103. Judgment interest shall accrue on decrees and judgments for the payment of money from the date of rendition of judgment until satisfaction of judgment. Neb. Rev. Statute. _ 45103.1.

Nevada Procedural Requirements

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. 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 the Rules of Civil Procedure. Nev. R. Civil. P. 69. After the issuing or return of an execution against property of the judgment debtor and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding $50, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a master appointed by him, and answer concerning the same. Nev. Rev. Statute. Ann. _ 21.300.

The judge or master may order any property of the judgment debtor not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward satisfaction of the judgment. Nev. Rev. Statute. Ann. _ 21.320. If it appear that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property adverse to him, or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt. The court or judge may, by order, forbid a transfer or other disposition of such interest or debt until an action can be commenced and prosecuted to judgment. Nev. Rev. Statute. Ann. _ 21.330.

Any person having a judgment remaining unsatisfied in any court of record in the Statutee, upon which execution has been issued and delivered, and which remains in the hands of the proper officer uncollected and unsatisfied, may, without application to the court, have a writ of garnishment issued, and thereupon attach the credits, effects, debts, choses in action and other personal property of the judgment debtor in the possession or under the control of any third person as garnishee, for the security of such judgment. Nev. Rev. Statute. Ann. _ 31.450.

The writ of garnishment must be issued by the sheriff, contain the name of the court and the names of the parties, be directed to the garnishee defendant, Statutee the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and summon each garnishee to appear before the court in which the judgment was rendered by filing an answer to the interrogatories within 20 days after service of the writ. The writ of garnishment must also notify the garnishee defendant that, if he fails to answer the interrogatories, a judgment by default will be rendered against him for the amount demanded in the writ, or the value of the property described in the writ as the case may be, which amount or property must be clearly set forth in the writ. Execution of the writ of garnishment may occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in the manner and within the time prescribed in _ 21.076 (regular mail at his last known address, or if he is represented by an attorney, at the attorney’s office). Nev. Rev. Statute. Ann. _ 31.260.

The writ of garnishment shall be served by the sheriff of the county where the garnishee defendant is found, unless the court directs otherwise, in the same manner as provided for service of summons in a civil action. At the time of service of the writ of garnishment, the garnishee shall be paid or tendered by the judgment creditor or the officer serving the writ a fee of $5, and unless such sum is paid or tendered to the garnishee defendant or the person upon whom service is made for the garnishee defendant, service shall be deemed incomplete. Nev. Rev. Statute. Ann. _ 31.270.

Debts and credits, due or to become due, from a bank incorporated under the laws of the Statutee of Nevada or the laws of the United Statutees of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one or more of the following officers of the bank: If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing the debts, or having in its possession or under its control the credits or other property. If the bank has branches or military facilities owing the debts or having in its possession or under its control the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on that officer does not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility. If the bank has a trust department owing the debts or having in its possession or under its control the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.

Savings and loan associations must be served in the same manner as banks. A garnishment of these financial institutions creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid. Money in the accounts that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account. No garnishment may occur until the judgment debtor has been served with the notice of execution in the manner prescribed by _ 21.076 (regular mail at his last known address, or if he is represented by an attorney, at the attorney’s office). Nev. Rev. Statute. Ann. _ 31.291.

Subject to order of the court, a garnishee defendant, upon whom a writ of garnishment has been duly served, shall not pay any debt due or to become due to the defendant and must retain in his possession and control, or deliver to the sheriff, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant. Nev. Rev. Statute. Ann. _ 31.310.

Interest Rate at which Judgments Accrue When no rate of interest is provided by contract or otherwise by law, or specified in the judgment, the judgment draws interest from the time of service of the summons and complaint until satisfied, except for any amount representing future damages, which draws interest only from the time of the entry of the judgment until satisfied, at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent.

The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied. Nev. Rev. Statute. Ann. _ 17.130. Applicable Forms Interrogatories, Nev. Rev. Statute. Ann. _ 31.290. Notice of Execution, Nev. Rev. Statute. Ann. _ 31.045.

New Hampshire Procedural Requirements

The trustee writ shall be an attachment and summons, and shall be served upon the defendant and trustee like a writ of summons, and the goods and eStatutee of the defendant may be attached thereon. N.H. Rev. Statute. Ann. _ 512:3. When a bank, trust company, building and loan association, or similar corporation is named as trustee, the trustee shall be summoned by service on an officer, person in charge, teller, or office employee of such entity at its office if service is made during banking hours, and, if service is made at a time other than banking hours, by service on an officer of such entity, and not otherwise. The trustee so served shall not be chargeable for any goods, rights, or credits of the defendant except as shall be in the hands of the trustee at the time of service. N.H. Rev. Statute. Ann. _ 512:9-b.

Disclosure of trustees may be given or taken by any party to the action at any time after the service of the writ upon the trustee, upon such notice to the adverse party as is required in taking depositions and upon the payment or tender to the trustee of his fees for travel and attendance as in the case of witnesses. N.H. Rev. Statute. Ann. _ 512:12.

If a corporation or partnership is summoned as a trustee, the deposition of the cashier, treasurer or other proper officer or agent of the corporation, or of a member of the partnership, may be taken as the deposition of the trustee. N.H. Rev. Statute. Ann. _ 512:14.

When judgment is recovered by the plaintiff against the defendant, execution in favor of the plaintiff may be issued against the trustee for the amount for which he is adjudged chargeable, as for his own debt, not exceeding the amount of the judgment against the defendant, and against the defendant for any balance. N.H. Rev. Statute. Ann. _ 512:36.

All writs and other processes shall at the time that they are served upon the defendant indicate on such writ or process the time, place and mode of service made upon the defendant, and shall further indicate any attachments made upon the property of the defendant and the time, place and method of such attachments. Such information shall be placed upon the writ by the sheriff, deputy sheriff, or other person authorized by law who has made such service. N.H. Rev. Statute. Ann. _ 510:2-a.

Interest Rate at which Judgments Accrue The annual rate of interest on judgments and in all business transactions in which interest is paid or secured, unless otherwise agreed upon in writing, shall equal 10 percent. N.H. Rev. Statute. Ann. _ 336:1.

New Jersey Procedural Requirements

Process to enforce a judgment or order for the payment of money and process to collect costs allowed by a judgment or order, shall be a writ of execution. The amount of the debt, damages and costs actually due and to be raised by the writ, together with interest thereon by the party at whose instance it shall be issued before its delivery to the sheriff or other officer. In aid of judgment or execution, the judgment creditor may examine any person, including the judgment debtor, by deposition or as provided by Rule 6:72, except that service of an order for discovery or an information subpoena shall be made as prescribed by Rule 1:52 for service on a party. The court may make any appropriate order in aid of execution. The writ may be issued either by the court or the clerk of the court. N.J. R. Civil. P. 4:591.

The court may, upon the filing by the judgment creditor of a petition verified by the judgment creditor or the creditor’s agent or attorney Statuteing the amount due on the judgment, make an order, upon good cause shown, requiring any person who may possess information concerning property of the judgment debtor to appear before the attorney for the judgment creditor or any other person authorized to administer an oath and make discovery under oath concerning that property at a time and place therein specified. An information subpoena may be served upon the judgment debtor, without leave of court, accompanied by an original and copy of written questions and a prepaid, addressed return envelope. The information subpoena and written questions shall be in the form and limited to those set forth in Appendix XIL. N.J. R. Civil. P. 6:72. Service shall be made as provided in Rule 4:44 (personal service) or by registered or certified mail, return receipt requested, to the party’s last known address; or if the party refuses to claim or to accept delivery, by ordinary mail to the last known address; or if no address is known, by ordinary mail to the clerk of the court. N.J. R. Civil. P. 1:52.

In aid of execution, the court, out of which the execution is issued, upon proof by the oath of the party, showing facts establishing that any person owes the judgment debtor or holds money or property in possession or action in trust for the judgment debtor, or for his or its use over and above such property as is exempt or reserved by law, may make an order forbidding the payment of such debt, or the transfer of such property or money by or to such debtor, or any third person until the further order of the court. N.J. Statute. Ann. _ 2A:1765.

Every court officer or other person levying on a debtor’s property shall, on the day the levy is made, mail a notice to the person whose assets are to be levied on Statuteing that a levy has been made and describing exemptions from levy and how such exemptions may be claimed. The notice shall be in the form prescribed by Appendix VI to these rules and a copy thereof shall be promptly filed by the levying officer with the clerk of the court. N.J. R. Civil. P. 4:591.

Interest Rate at which Judgments Accrue Practice is to allow collection of interest on judgments at legal rate. Simon v. New Jersey Asphalt & Paving Co., 8 A.2d 256 (N.J. 1939). The legal rate of interest is 6% per year, unless there is a written contract, in which case the legal rate is 16% per year. N.J. Statute. Ann. _ 31:11. Applicable Forms Appendix XIL to N.J. R. Civil. P. Appendix VI to N.J. R. Civil. P.

New Mexico Procedural Requirements

After filing the judgment, the clerk shall issue a writ of garnishment after the judgment creditor has filed with the clerk an application for a writ of garnishment which includes the judgment debtor’s last known address and an affidavit Statuteing that: the judgment creditor has a judgment against the judgment debtor, giving the date and amount of the judgment; after diligent inquiry to the best of the judgment creditor’s knowledge, the judgment debtor has insufficient property in the judgment debtor’s possession within this Statutee subject to execution to satisfy the judgment (this allegation is not necessary if the garnishment is for child support or alimony); the garnishee is indebted to the judgment debtor, or holds personal property belonging to the judgment debtor; and the debt is not exempt from garnishment.

Only when the judgment debtor is a natural person, and the garnishee holds money or property other than wages due the judgment debtor, the following additional procedures shall be followed upon issuance of the writ of garnishment: for each judgment debtor, the judgment creditor shall serve the garnishee with a copy of the application for writ of garnishment, the writ of garnishment, a copy of the notice of right to claim exemptions and three copies of the claim of exemption form; on or before the fourth business day following service of the writ of garnishment, the garnishee shall mail to each named judgment debtor or the judgment debtor’s attorney of record, the application for the writ, writ of garnishment, notice of right to claim exemptions, and three copies of the claim of exemption form.

A writ of garnishment shall be served wherever the garnishee may be found in the Statutee of New Mexico. A writ of garnishment shall be made and return of service filed in the same manner as provided by Rule 1004 for service of summons and complaint (i.e., personal service). N.M. R. Civil. P. 1065.1, 2801, 3801 [1]. Service of a garnishment on the garnishee has the effect of attaching all personal property, money, wages or salary in excess of the amount exempt under _ 35127 [2], rights, credits, bonds, bills, notes, drafts and other choses in action of the defendant in the garnishee’s possession or under his control at the time of service of the garnishment or which may come into his possession or under his control or be owing by him between the time of service and the time of making his answer. After service of a garnishment on the garnishee, it is unlawful for the garnishee to pay to the defendant in the action any debt or to deliver to him any personal property attached by the garnishment. N.M. Statute. Ann. _ 35123.

The judgment creditor may, in aid of the judgment or execution, examine any person, including the judgment debtor, touching the property of the judgment debtor and his ability to satisfy such judgment. For the purpose of such examination, the clerk of the court shall, upon request of the judgment creditor, issue a subpoena directing the person to be examined to appear before the court at a time and place therein Statuteed for such examination. Such subpoena may be served in the same manner as other subpoenas. In lieu of such an examination, the judgment creditor may take the deposition of the person whom he desires to examine. In further aid of judgment or execution, the judgment creditor may obtain discovery from any person, including the judgment debtor. Where such judgment was obtained by default, notice of taking depositions need not be given to the judgment debtor. In all other cases, notice of taking depositions shall be given to the judgment debtor. N.M. R. Civil. P. 1069, 2803, 3803.

Interest Rate at which Judgments Accrue Interest shall be allowed on judgments and decrees for the payment of money from entry and shall be calculated at the rate of eight and threequarters percent per year; unless the judgment is rendered on a written instrument having a different rate of interests, in which case interest shall be computed at a rate no higher than specified in the instrument or the judgment is based on tortious conduct, bad faith, intentional or willful acts in which case interest shall be computed at the rate of fifteen percent. N.M.S.A. _ 5684. Applicable Forms N.M. R. Civil. P., Forms 4503 and 4805 to 4809. 1

The Statutee of New Mexico has a separate set of rules for each of its different courts, the district courts, the magistrate courts, and the metropolitan courts. Fortunately, the rules for the enforcement of a money are judgment are nearly identical except that the magistrate court rules and the metropolitan court rules provide for service by mail (i.e., by mailing the required documents to the person to be served by firstclass mail, postage prepaid along with a return envelope, postage prepaid, addressed to the sender). See N.M. R. Civil. P. 2202, 3202.2

Exempt from garnishment with respect to enforcement of an order or decree for child support is fifty percent of the defendant’s disposable earnings for any pay period. Exempt from garnishment in all other situations is the greater of the following portions of the defendant’s disposable earnings: (1) seventyfive percent of the defendant’s disposable earnings for any pay period; or (2) an amount each week equal to forty times the federal minimum hourly wage rate. N.M. Statute. Ann. _ 35127.

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.

9 comments

  1. Bathsheba Gibborim

    I am being threatened with garnishment by a NCS representing check n go I get social security and they said in MI they can garnish soc sec. THey refused a payment arrangement attempt of $50 loan was $487 due 5/3/2014 they are charging a 700% interest they claim the person was a paralegal and they refused to validate debt never sent bill a day. DO I have a case?

    • They cannot garnish your SS income, and a debt collector suggesting to you that they can garnish such moneys is violating the FDCPA at section E as they are making false threats. The same applies for the threat to charge you 700% interest.

      You ARE entitled to statutory damages of up to $1,000, plus the assistance of Debt Help Lawyers at no cost to you. Call 888-595-9111 now or submit here.

  2. if you file bankruptcy , can collectors garnish your income from your social security and or government v a checks ? I have no assets or properrty , savings , or retirement benefits, I am disabled and am 74 years old.

    • They can not garish your wages without first suing and being awarded a judgment by the courts. If you have been illegally garnished, you may be entitled to get that money back as well as have a valid claim for up to $1000 in statutory damages against the debt collector under the Fair Debt Collection Practices Act. If there is already a judgment entered against you, only non-exempt funds can be seized from your bank, you should always keep non exempt funds (disability income) separate from exempt funds. There may be other ways we can help, Call 888-595-9111 one of our legal assistants is available to listen and share options you have, the attorneys are happy to consult you for free and without obligation.

  3. My wife’s wages are being garnished here in New Mexico. For a title loan. Since I am on disability they are garnishing her. The garnishment went through yet we just got subpoenaed into court for a list of tax returns, property and so on. Yet we did not receive a copy of the application for writ of garnishment, the writ of garnishment, a copy of the notice of right to claim exemptions and three copies of the claim of exemption form. Do we have any rights in the matter now?

    • You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  4. If a person has a garnishment on their wages for Student loans and now the State taxation for state taxes has also had a levy of garnishment on their wages can there be more than one garnishment on a persons wages , I am a widow and I don’t make that much money, although the SS office says I make to much so they took SS away till what they say I owe is paid back I will be 64 in Oct and with the cost of living Im afraid even though I make 24,000.00 a year , that is not what my take home pay is I bring home about 1100.00 monthly if I work my whole 80 hrs but due to some health problems I am not always able to do that, can you give me an answer about the multiple garnishments on my wages.

    Thank you in advance
    Jackie Nix

  5. I just lost a judgment for 1,400 or return of the property. If they garnishvmy wages from mybemployervhowvmuch can they take. Out of each pay check?

  6. I have a garnishment in place on my ex husband. It was served to his employer on 9-12-14 and is still not paid in full. What can I do for the interest that should be accuring still?

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