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New York Procedural Requirements

At any time before a judgment is satisfied or vacated, the judgment creditor may compel disclosure of all matter relevant to the satisfaction of the judgment, by serving upon any person a subpoena, which shall specify all of the parties to the action, the date of the judgment, the court in which it was entered, the amount of the judgment and the amount then due thereon, and shall Statutee that false swearing or failure to comply with the subpoena is punishable as a contempt of court. N.Y. Civil. Prac. L. & R. 5223.

Service of an information subpoena shall be accompanied by a copy and original of written questions and a prepaid, addressed return envelope. Service may be made by registered or certified mail, return receipt requested. Answers shall be made in writing under oath by an officer, director, agent or employee having the information. Answers shall be returned together with the original of the questions within seven days after receipt. Any person served with an information subpoena shall not be entitled to any fee. N.Y. Civil. Prac. L. & R. 5224.

A restraining notice may be issued by the clerk of the court or the attorney for the judgment creditor as officer of the court. It may be served upon any persons, except the employer of a judgment debtor where the property sought to be restrained consists of wages or salary due or to become due to the judgment debtor . It shall be served personally in the same manner as a summons or by registered or certified mail, return receipt requested. It shall specify all of the parties to the action, the date that the judgment or order was entered, the court in which it was entered, the amount of the judgment or order and the amount then due thereon, the names of all parties in whose favor and against whom the judgment or order was entered, it shall set forth subdivision (b) and shall Statutee that disobedience is punishable as a contempt of court, and it shall contain an original signature or copy of the original signature of the clerk of the court or attorney which issued it. N.Y. Civil. Prac. L. & R. 5222(a).

A restraining notice served upon a person other than the judgment debtor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor has an interest, or if the judgment creditor has Statuteed in the notice that a specified debt is owed by the person served to the judgment debtor or that the judgment debtor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor is known or believed to have an interest then in and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor , shall be subject to the notice. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff, except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him or her, or until the judgment or order is satisfied or vacated. If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money. N.Y. Civil. Prac. L. & R. 5222(b).

If a notice in the form prescribed in subdivision (e) has not been given to the judgment debtor within a year before service of a restraining notice, a copy of the restraining notice together with the notice to judgment debtor shall be mailed by first class mail or personally delivered to each judgment debtor who is a natural person within four days of the service of the restraining notice. Such notice shall be mailed to the defendant at his or her residence address; or in the event such mailing is returned an undeliverable by the post office, or if the residences address of the defendant is unknown, then to the defendant in care of the place of employment of the defendant if known, in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by the return address or otherwise, that the communication is from an attorney or concerns a judgment or order; or if neither the residence address nor the place of employment of the defendant is known then to the defendant at any other known address. N.Y. Civil. Prac. L. & R.5222(d). Note: Where such person consents thereto in writing, a restraining notice in the form of magnetic tape may be served upon a person other than the judgment debtor. N.Y. Civil. Prac. L. & R. 5222(g).

Interest Rate at which Judgments Accrue Every money judgment shall bear interest from the date of its entry. Every order directing the payment of money which has been docketed as a judgment shall bear interest from the date of that docketing. N.Y. Civil. Prac. L. & R. 5003. Interest shall be at the rate of nine per cent per annum, except where otherwise provided by Statuteute. N.Y. Civil. Prac. L. & R. 5004.

North Carolina Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars, the court or judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specific time and place, and answer concerning the same. The court or judge may also, in its or his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. N.C. Gen. Statute. _ 1360.

The court or judge may, by order, forbid a transfer or other disposition of, or any interference with, the property of the judgment debtor not exempt from execution. N.C. Gen. Statute. _ 1358. After the issuing of an execution against property, all persons indebted to the judgment debtor may pay to the sheriff the amount of their debt, or as much thereof as is necessary to satisfy the execution; and the sheriff’s receipt is a sufficient discharge for the amount paid. N.C. Gen. Statute. _ 1359.

Interest Rate at which Judgments Accrue The legal rate of interest shall be eight percent per annum. N.C. Gen. Statute. _ 241. In an action for breach of contract, if the parties have agreed in the contract that the contract rate shall apply after judgment then interest on an award in a contract shall be at the contract rate after judgment, otherwise it shall be at the legal rate. Interest on an award in an action other than contract shall be at the legal rate. N.C. Gen. Statute. _ 245 (1986).

North Dakota Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars, the judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specific time and place, and answer concerning the same. The judge may also, in his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. N.D. Cent. Code _ 282507.

The judge, by order, may forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution and any interference therewith. N.D. Cent. Code _ 282512.

The judge may allow to the judgment creditor or to any party examined, whether a party to the action or not, witness fees and disbursements. N.D. Cent. Code _ 282515.

Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person indebted to or having any property in possession or under control, belonging to the creditor’s debtor after securing a judgment against the debtor in a court of competent jurisdiction. N.D. Cent. Code _ 3209.102.

In any action in a court of record for the recovery of money, at any time after judgment, a garnishee summons may be issued against any third person. N.D. Cent. Code _ 3209.106.

The garnishee summons and notice to defendant shall be served upon the garnishee in the same manner as other summons in that court of record except that service must be personal. The plaintiff shall serve with the garnishee summons a disclosure form. The plaintiff may also serve interrogatories with the garnishee summons. A copy of the garnishee summons and copies of all other papers served on the garnishee must be served personally upon the defendant not later than ten days after service is made upon the garnishee. A single garnishee summons may be addressed to two or more garnishees but must Statutee whether each is summoned separately or jointly. N.D. Cent. Code _ 3209.108.

A garnishment disclosure form must be served upon the garnishee. N.D. Cent. Code _ 3209.109. In all garnishment proceedings, the plaintiff, when the garnishment summons is served upon the garnishee, shall tender to the garnishee the sum of ten dollars as the fee for making an affidavit of disclosure. N.D. Cent. Code _ 3209.110.

Interest Rate at which Judgments Accrue Interest is payable at the same rate as is provided in the original instrument upon which the action resulting in the judgment is based, which rate may not exceed the maximum rate provided in _ 47 1409. If such original instrument contains no provision as to an interest rate, or if the action resulting in the judgment was not based upon an instrument, interest is payable at the rate of twelve percent per annum and may not be compounded in any manner or form. N.D. Cent. Code _ 28 2034. Applicable Forms N.D. Cent. Code _ 3209.107.

Ohio Procedural Requirements

Any person seeking an order of garnishment shall make a demand in the form prescribed by Statuteute [1]. Ohio Rev. Code Ann. _ 2716.02. A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor, his agent, or his attorney setting forth: (1) the name of the judgment debtor whose property, other than personal earnings, the judgment creditors seeks to garnish; (2) that the affiant has good reason to believe and does believe that the person named in the affidavit as the garnishee has property, other than personal earnings, of the judgment debtor that is not exempt under the law of this Statutee or the United Statutees; (3) a description of the property. Ohio Rev. Code Ann. _ 2716.11.

The affidavit shall be accompanied by one dollar as the garnishee’s fee for compliance with the order, no part of which shall be charged as court costs. Ohio Rev. Code Ann. _ 2716.12.

Upon the filing of a proceeding in garnishment, the court shall cause the matter to be set for hearing within twelve days thereafter. Upon the scheduling of a hearing, the clerk of the court immediately shall issue to the garnishee three copies of the order of garnishment together with the garnishee’s fee and with a written notice that the garnishee answer as provided in _ 2716.21.

The copies of the order and notice shall be served upon the garnishee in the same manner as for the service of a summons. The order shall bind the property, other than personal earnings, of the judgment debtor in the possession of the garnishee from the time of service. At the time of filing of a proceeding in garnishment, the judgment creditor also shall file with the clerk of the court a praecipe instructing the clerk to issue to the judgment debtor a notice and a hearing request form. Upon receipt of the praecipe and the scheduling of a hearing, the clerk of the court immediately shall serve (by ordinary or regular mail unless the judgment creditor requests that service be made in accordance with the Rules of Civil Procedure) upon the judgment debtor two copies of the notice to judgment debtor and hearing request form. Ohio Rev. Code Ann. _ 2716.13.

Evidenced by return receipt signed by any person, service of any process shall be by certified mail, postage prepaid, unless otherwise permitted by the Rules of Civil Procedure. When the plaintiff files a written request with the clerk for personal service or residence service, service of process shall be made by that method. Ohio R. Civil. P. 4.1.

Interest Rate at which Judgments Accrue Upon all judgments, decrees, or orders, rendered on any bond, bill, note, or other instrument of writing containing stipulations for the payment of interest in accordance with _ 1343.01, interest shall be computed until payment is made at the rate specified in such instrument. Ohio Rev. Code Ann. _ 1343.02.

Upon all judgments, decrees, and orders of any judicial tribunal for the payment of money arising out of tortious conduct or a contract or other transaction, the creditor is entitled to interest at the rate of ten per cent per annum. Ohio Rev. Code Ann. _ 1343.03.

Applicable Forms Ohio Rev. Code Ann. _ 2716.02. Ohio Rev. Code Ann. _ 2716.13. 1 Section 2716.02 prescribes different forms if the judgment creditor seeks an order of garnishment of personal earnings or if the judgment is for money owed for health care services rendered or health care supplies provided to the judgment debtor or his dependent.

Oklahoma Procedural Requirements

Garnishment proceedings shall be commenced by the filing of an affidavit. The affidavit may be filed by the plaintiff at or before the time of filing of a garnishment summons. Okla. Statute. Ann. tit. 12, _ 1172. When a garnishment summons is issued in any action subsequent to judgment, the court clerk shall attach to the garnishment summons a notice of garnishment and exemptions and an application for the defendant to request a hearing. When a garnishment summons is issued in any action subsequent to judgment, the garnishee is a financial institution, and the garnishment summons is not for wages of an employee of the financial institution, the notice of garnishment and exemptions and an application for the defendant to request a hearing shall also be prepared by the judgment creditor and issued from the office of the court clerk to the defendant in the manner provided for in paragraphs 1, 2 or 5 of _ 1174.

The sending of the notice of garnishment and exemptions and the application for the defendant to request a hearing to the last known address of the defendant by registered or certified mail with return receipt requested shall constitute compliance with this requirement, and no further act or service of notice shall be necessary. Okla. Statute. Ann. tit. 12, _ 1172.2.

The garnishee summons issued by the court clerk shall be served upon each of the garnishees in the manner provided for the service of summons (i.e., personally or certified mail, return receipt requested and delivery restricted to addressee). Okla. Statute. Ann. tit. 12, _ 1173.3. The garnishee may be examined by the plaintiff either by deposition or by written interrogatories. His deposition may be taken at any time after the service of the garnishee summons. Within ten days after the filing of the answer affidavit by the garnishee, plaintiff may file interrogatories for the garnishee concerning any matter contained in said answer or germane to any liability on his part to the principal defendant. Okla. Statute. Ann. tit. 12, _ 1183.

A garnishee may deduct ten dollars from the funds of the defendant in his possession as reimbursement for costs incurred in answering. If no funds are available and the garnishee’s answer evidencing that is filed and mailed or delivered to the plaintiff or to the plaintiff’s attorney of record, the plaintiff shall pay the garnishee ten dollars as reimbursement for such costs. Okla. Statute. Ann. tit. 12, _ 1190.

Interest Rate at which Judgments Accrue All judgments of a court of record shall bear interest at an annual rate equal to the average United Statutees Treasury Bill rate of the preceding calendar year plus four percent from the date of rendition. However, judgments against the Statutee and its political subdivisions shall not bear interest at a rate exceeding ten percent. When a rate of interest is specified in a contract, the rate therein shall apply, if lawful, to the judgment debt and be specified in the journal entry of judgment. When a verdict for damages by reason of personal injuries or injury to personal rights due to an act or omission of another is accepted by the trial court, the court in rendering judgment shall add interest on said verdict at the applicable rate from the date the suit was commenced to date of verdict.

When a judgment is rendered establishing the existence of a lien against property and no rate of interest exist, the court show allow interest at the rate described above from the date the lien is filed to the date of verdict. Okla. Statute. Ann. tit. 12, _ 727. When ordered by the court, courtordered child support payments and courtordered payments of suit moneys shall draw interest at the rate of ten percent per year from the date they become delinquent, and the interest shall be collected in the same manner as the payments upon which the interest accrues. 43 Okla. Statute. Ann. tit. 43, _ 114. Applicable Forms All correspondence must be on forms prescribed the Administrative Director of Courts.

Oregon Procedural Requirements

The clerk of the court shall issue one or more writs of garnishment upon proper application and payment of the appropriate fee. Issuance shall be by the clerk of the court for the county in which a judgment was originally entered or, if a judgment is from another jurisdiction and is registered in this Statutee, the clerk of the court for the county in which the judgment was first filed in this Statutee. Clerks will issue writs only for a person on whose behalf a judgment requiring the payment of money has been entered in the register of actions. Or. Rev. Statute. Ann. _ 29.137.

The form of the writ shall be substantially as provided in _ 29.145. Every writ issued by the clerk must be signed by the plaintiff or the plaintiff’s agent or attorney. The signature constitutes a certificate by the person under Or. R. Civil. P. 17. The plaintiff or the plaintiff’s agent or attorney must complete the writ form and supply the copies. Every writ issued by the clerk must include or have attached a notice informing the defendant that the clerk has not verified the figures in the writ. Or. Rev. Statute. Ann. _ 29.138.

An attorney who is an active member of the Oregon Statutee Bar may issue one or more writs of garnishment for a person on whose behalf a judgment requiring the payment of money has been entered in the register of actions of a court of this Statutee. Or. Rev. Statute. Ann. _ 29.137.

The form of the writ shall be substantially as provided in _ 29.147. Every writ issued by an attorney must be signed by the attorney. The signature constitutes a certificate by the attorney under Or. R. Civil. P. 17.

The plaintiff must complete the writ form and supply the necessary copies. Every writ issued by an attorney must include or have attached a notice informing the defendant that the court has not verified the figures in the writ. Or. Rev. Statute. Ann. _ 29.139. Property of a defendant in the possession of a person other than the plaintiff or defendant shall be garnished by the delivery of all of the following to such person: (1) a writ of garnishment or a true copy thereof; (2) four additional copies of the writ of garnishment; and (3) any garnishee’s search fee payable under _ 29.377. Or. Rev. Statute. Ann. _ 29.155.

To be valid, a writ of garnishment must be delivered to the garnishee either by certified mail, return receipt requested or in person. The fee for delivery of a writ of garnishment shall be no more than $12.50 if the writ if delivered in a county with less than 400,000 population or $9.50 if the writ is delivered in a county with not less than 400,000 population (determined by the most recent decennial census). Or. Rev. Statute. Ann. _ 29.165. If the property is held by a financial institution, property shall be garnished by delivering the writ of garnishment to the manager, assistant manager or other designated person at any office or branch of the financial institution where deposits are received or that has been designated by the institution as a place for delivery of writs of garnishment.

Delivery of a writ of garnishment to the manager, assistant manager or other designated person at an office or branch of the financial institution described in this paragraph is effective to garnish all property of the defendant held at all offices and branches of the financial institution located in the Statutee. Or. Rev. Statute. Ann. _ 29.185. Delivery of a writ of garnishment shall be effective to garnish all property of the defendant which is in the garnishee’s possession, control or custody at the time of delivery of the writ of garnishment to the garnishee, including but not limited to property in safe deposit boxes, stock, debts and other obligations then in existence and payable in money, whether due or to become due, property held on expired and unexpired bailments and leases, and property held by the garnishee pursuant to a security interest granted by defendant to garnishee.

In addition to such rights as the garnishee may have at law, in equity or otherwise, if the garnishee is a financial institution, the garnishee may, following delivery of a writ of garnishment to the garnishee, set off such sums as are due from defendant at the time the garnishee receives the writ of garnishment. Or. Rev. Statute. Ann. _ 29.205.

Following delivery of a writ of garnishment to a garnishee, the person or sheriff who mailed or delivered the writ of garnishment shall promptly mail or deliver a copy of the writ of garnishment together with the notice of exemptions and claim form to each defendant whose property is being garnished by said writ. Or. Rev. Statute. Ann. _ 29.215. When a writ of garnishment is delivered to a garnishee that is a financial institution, the plaintiff shall pay a garnishee’s search fee of $5 to the garnishee unless the defendant is an employee of the garnishee. The right of the garnishee to receive the search fee shall in no way restrict or impair the right of a garnishee to charge and collect an additional garnishment processing fee from any defendant whose property the garnishee holds or to whom the garnishee owes a debt. Where the garnishee charges such a garnishment processing fee, the garnishee may collect the fee by deducting the amount thereof from any debt the garnishee owes to the defendant. Or. Rev. Statute. Ann. _ 29.377.

The plaintiff may recover certain moneys expended to enforce a judgment from garnishment proceedings before crediting the proceedings against the judgment including: Garnishee’s search fees; Fees for delivery of writs of garnishment; Circuit and district court fees; County court fees; County clerk recording fees; and Costs of execution. Or. Rev. Statute. Ann. _ 29.367.

Interest Rate at which Judgments Accrue The rate of interest on judgments for the payment of money is nine percent per annum. Interest on a judgment accrues from the date of entry of the judgment unless the judgment specifies another date. Interest on a judgment is simple interest. A judgment on a contract bearing more than nine percent interest shall bear interest at the same rate provided in the contract as of the date of entry of the judgment. Or. Rev. Statute. Ann. _ 82.010. Applicable Forms Or. Rev. Statute. Ann. _ 29.145. Or. Rev. Statute. Ann. _ 29.147. Or. Rev. Statute. Ann. _ 29.225.

Pennsylvania Procedural Requirements

A judgment shall be enforced by a writ of execution. Upon issuance of the writ the prothonotary shall transmit it directly to the sheriff to whom it is directed or upon plaintiff’s request deliver it to the plaintiff or his representative for transmittal. Pa. R. Civil. P. 3103. Service of the writ shall be made by the sheriff in the case of tangible personal property, by levy thereon or, if the property is in possession of a third person who prevents a levy or fails to make property of the defendant in his possession available to the sheriff for levy, by serving him as garnishee. Upon levy or attachment, the sheriff shall mail a copy of the writ to the execution defendant at his last known address. The plaintiff shall provide the sheriff with copies of the writ and envelopes for mailing properly stamped and addressed. The sheriff shall note in his return the mailing of the writ and the date thereon. Pa. R. Civil. P. 3108.

The writ shall be served by the sheriff upon the garnishee in the manner prescribed by Rule 402(a). The sheriff shall furnish the garnishee with an additional copy of the writ for each defendant. Service of the writ upon the garnishee shall attach all property of the defendant which may be attached under the Rules of Civil Procedure which is in the possession of the garnishee. It shall also attach all property of the defendant which comes into the garnishee’s possession thereafter until judgment against him even though no such property of the defendant was in his possession at the time of service. Service of the writ shall also subject him to the mandate and injunctive orders of the writ restraining him from paying any debt to or for the account of the defendant and from delivering any property to the defendant which may be attached under the Rules of Civil Procedure to anyone except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment. Pa. R. Civil. P. 3111.

Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Deposition and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify. All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceeding that he has property liable to execution. Pa. R. Civil. P. 3117.

The plaintiff shall pay to the sheriff all costs, charges and expenses incident to the execution, the maintenance of the lien of the execution and the preservation of the property. These items shall be deemed taxable costs for refund to the plaintiff from the proceeds of any sale, except that the plaintiff shall not be entitled to recover the costs in connection with writs determined by the court to be unnecessary and oppressive. Pa. R. Civil. P. 3138.

The plaintiff may, at the time of issuance of the writ or thereafter, file and serve interrogatories directed to the garnishee respecting property of the defendant in his possession. The plaintiff may require the garnishee to include in his answer, so far as relevant, the names and addresses of persons taking part in any transaction, the specific amount of any debt, the value and location of any property and the nature and amount of consideration given for any transfer of property. The interrogatories shall contain a notice to answer within twenty days after service. Pa. R. Civil. P. 3144.

Interest Rate at which Judgments Accrue Legal rate of interest is six per cent per annum. Pa. Statute. Ann. tit. 41, _ 201. A judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment, if the judgment is not entered upon a verdict or award. 42 Pa. Cons. Statute. Ann. _ 8101. Applicable Forms Pa. R. Civil. P. 3252. Pa. R. Civil. P. 3253.

Rhode Island Procedural Requirements

In all actions where the plaintiff’s claim against the defendant has been reduced to a judgment, the defendant’s assets, including his personal eStatutee and real eStatutee, may be attached without any further hearing by the court and may be subject to trustee process in the same action in which the judgment has been entered. R.I. Gen. Laws _ 1052.

Whenever any person, partnership or corporation shall be served with a judicial writ, original or mesne process, with purpose of attaching the wages or personal eStatutee of the defendant in the hands or possession of such person, partnership or corporation, such entity shall render an account in writing, upon oath, to the court to which the writ is returnable. The original account shall Statutee what wages or personal eStatutee, if any, up to the amount of the demands set forth in the writ, such trustee had in his, her or its hands or possession at the time the writ was served. R.I. Gen. Laws _ 10172.

In any action where money or other property shall have been trusted in the hands of a person, firm or corporation, the person signing the garnishee’s answer may be summoned by either party at any time before final judgment and subjected to examination and crossexamination upon all matters relating to or connected with the facts set forth in such answer, and evidence may be introduced to contradict the testimony of such person. A person summoned shall be entitled to an attendance fee of three dollars and lawful mileage. R.I. Gen. Laws _ 10176.

Every person, copartnership or corporation served with a copy of a writ for attaching the eStatutee of another in his or its hands or possession shall be paid all lawful costs and charges which he or it shall incur in consequence of being served with such writ of attachment by the person who brings the action or suit; and so much of such charge as shall be judged reasonable by the court before whom the cause shall be pending shall be allowed in the bill of costs. R.I. Gen. Laws _ 101722.

Interest at which Judgments Accrue Every judgment for money shall draw interest at the rate of twelve per cent per annum to the time of its discharge. R.I. Gen. Laws _ 9218.

South Carolina Procedural Requirements

An execution must be directed to the sheriff, must be attested by the clerk, subscribed by the party issuing it and must intelligibly refer to the judgment, Statuteing the court, the county in which the judgment roll or transcript is filed, the names of the parties, the amount of the judgment if it be for money, the amount actually due thereon and the time of docketing in the county to which the execution is issued. S.C. Code Ann. _ 153980.

After the issuing or return of an execution against the property of the judgment debtor and upon an affidavit that any person or corporation has property of such judgment debtor or is indebted to him in any amount exceeding ten dollars, 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 and answer concerning such property or indebtedness. The judge may also, in his discretion, require notice of such proceeding to be given to any party to the action in such manner as may seem to him proper. S.C. Code Ann. _ 1539350.

The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services cannot be so applied. S.C. Code Ann. _ 1539410.

The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution and any interference therewith. S.C. Code Ann. _ 1539440.

Interest Rate at which Judgments Accrue Accrue All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be at the rate of fourteen percent per annum. S.C. Code Ann. _ 34 3120.

South Dakota Procedural Requirements

Upon judgment or decree, or at any time after the issuing in any case of an execution against property and before the time when it is returnable, any creditor shall be entitled to proceed by garnishment in any court having jurisdiction of the subject of the action, against any person who shall be indebted to or have any property, real or personal, in his possession or under his control belonging to such creditor’s debtor. S.D. Codified Laws Ann. _ 21181.

At the time of issuing the summons or at any time thereafter before final judgment or after execution has been issued, in any action where garnishment is permitted, the plaintiff may make an affidavit Statuteing that he verily believes that some person, naming him, is indebted to, or has property in his possession or under his control belonging to the defendant, or either or any of the defendants in the action or execution, naming him, and that such defendant has not property in this Statutee other than property subject to garnishment liable to execution, sufficient to satisfy the plaintiff’s demand, and that the indebtedness or property mentioned in such affidavit is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution, and the amount of the claim sued upon. S.D. Codified Laws Ann. _ 21183.

The plaintiff shall annex or subjoin to the garnishment affidavit a garnishee summons. S.D. Codified Laws Ann. _ 21186. The garnishee summons, affidavit and garnishment disclosure shall be served on each of the several garnishees named, in the manner provided for the service of a summons in an action or by certified mail. S.D. Codified Laws Ann. _ 21187.

If a garnishee summons, affidavit and garnishment disclosure is served personally or by certified mail, the garnishee shall be paid the sum of ten dollars to reimburse the garnishee for the expense of preparing the garnishment disclosure which sum shall be taxed as a part of the plaintiff’s costs. If the garnishee is not paid, the garnishment proceeding is void. S.D. Codified Laws Ann. _ 21189. The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within ten days after service on a garnishee. When the defendant shall have appeared in the action by attorney, such service may be made upon such attorney or upon the defendant. S.D. Codified Laws Ann. _ 211810.

Such garnishee summons, affidavit and garnishment disclosure may be served by certified mail, return receipt requested or personally by the sheriff of the county where any garnishee or defendant may be found, or by any other person not a party to the action. S.D. Codified Laws Ann. _ 211811. From the time of the service of the summons upon the garnishee he shall stand liable to the plaintiff to the amount of the property, money, credits, and effects in his possession or under his control belonging to the defendant, or in which he shall be interested, to the extent of his right or interest therein, and of all debts due or to become due to the defendant, except such as may be by law exempt from execution. S.D. Codified Laws Ann. _ 211812.

Interest Rate at which Judgments Accrue Interest is payable on all judgments exclusive of support debts or judgments under _ 257A14, at the Category B rate of interest as established in _54316 from and after the date of judgment. S.D. Codified Laws Ann. _ 5435.1.

Category B rate of interest is ten percent per year. S.D. Codified Laws Ann. _ 54316. Applicable Forms S.D. Codified Laws Ann. _ 21186. S.D. Codified Laws Ann. _ 211826. S.D. Codified Laws Ann. _ 211827.1.

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3 comments

  1. I am paying a writ of garnishment. How do I get to see the actual writ in NY state. I live in buffalo. I think the writ was met but they are telling me I owe them more

  2. I wasnt served papers mailed anything nit even so much as called and sherriffs put bank levy on me and wiped me out. Then to make matters worse come to find out the judgement is for an obscene amount on a 200.00 junkyard bike he left in my garage for two years and had givin me a signed tittle

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