All judgments and decrees for money may be enforced by execution. Tenn. Code Ann. _ 261 103. Personal property to the aggregate value of four thousand dollars debtor’s equity interest shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee, and such person shall be entitled to this exemption without regard to his vocation or pursuit or to the ownership of his abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, to the aggregate value of four thousand dollars debtor’s equity interest. Tenn. Code Ann. _ 262102.
All moneys received by a resident of the Statutee, as pension from the Statutee of Tennessee, or any subdivision or municipality thereof, before receipt, or while in his hands or upon deposit in the bank, shall be exempt from execution, attachment or garnishment other than an order for assignment of support issued under _ 365501, whether such pensioner is the head of a family or not. Any funds or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which is qualified under __ 401(a), 403(a), 403(b), and 408 of the federal Internal Revenue Code of 1986, as amended, are exempt from any and all claims of creditors of the participant or beneficiary, except the Statutee of Tennessee. Tenn. Code Ann. _ 262 104.
The officer may summon, in writing, any person as garnishee, to appear at the court from which the execution is issued, or before any other court to whom the execution is returnable, as the case may be, and answer the garnishment, at a time set by the clerk of the court not less than ten days after date of issuance, except that such ten day requirement shall not apply when the execution was issued from a court and either the officer or the clerk of the court shall set the time when such garnishee shall appear. The summons to the garnishee shall contain a notice to the garnishee. Tenn. Code Ann. _ 262203.
The judgment creditor may examine the garnishee under oath. Tenn. Code Ann. _ 262204. Upon requesting the issuance of an execution or garnishment, the judgment creditor shall file a Statuteement showing the judgment debtor’s last known address, the amount owed on the judgment, and the judgment creditor’s address for mailing any notice required. If a clerk issues an execution or garnishment without demand, the clerk shall ascertain such information from the court records. Tenn. Code Ann. _ 262402.
No clerk shall issue an execution or garnishment unless it provides the required notice. No sheriff or other officer shall summon a garnishee unless the garnishment provides the required notice. Tenn. Code Ann. _ 262403. A sheriff or other officer who levies an execution upon property of a judgment debtor shall immediately thereafter on that same or next working day provide the judgment debtor with a copy of the execution that describes the property levied upon and with a completed copy of the notice by mailing them first class, postage prepaid, to the judgment debtor at the provided address, or by actual delivery to the judgment debtor. Tenn. Code Ann. _ 262405.
A sheriff or other officer who summons a garnishee shall provide the garnishee with three copies of the garnishment summons. Tenn. Code Ann. _ 262406.
Interest Rate at which Judgments Accrue Interest on judgments, including decrees, shall be computed at the effective rate of ten percent per annum, except as may be otherwise provided or permitted by Statuteute. Where a judgment is based on a note, contract, or other writing fixing a rate of interest within the legal limits, the judgment shall bear interest at the rate so fixed. Tenn. Code Ann. _ 4714121. Interest shall be computed on every judgment from the day on which the jury or the court, sitting without a jury, returned the verdict without regard to a motion for a new trial. Tenn. Code Ann. _ 4714122. Applicable Forms Tenn. Code Ann. _ 262203. Tenn. Code Ann. _ 262404.
A writ of garnishment is available if a plaintiff has a valid, subsisting judgment and makes an affidavit that, within the plaintiff’s knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment. Tex. Civil. Prac. & Rem. Code Ann. _ 63.001. After service of a writ of garnishment, the garnishee may not deliver any effects or pay any debt to the defendant. Tex. Civil. Prac. & Rem Code Ann._ 63.003.
The writ of garnishment shall be dated and tested as other writs, and may be delivered to the sheriff or constable by the officer who issued it, or he may deliver it to the plaintiff for that purpose. Tex. R. Civil. P. 662. The sheriff or constable receiving the writ of garnishment shall immediately proceed to execute the same by delivering a copy thereof to the garnishee, and shall make return thereof as of other citations. Tex. R. Civil. P. 663.
The defendant shall be served in any manner prescribed for service of a citation or as provided in Rule 21a with a copy of the writ of garnishment, the application, accompanying affidavits and orders of the court as soon as practicable following the service of the writ. There shall be prominently displayed on the face of the copy of the writ served on the defendant, in tenpoint type and in a manner calculated to advise a reasonably attentive person of its contents, the required notice. Tex. R. Civil. P. 663a.
Where the garnishee is discharged upon his answer, the costs of the proceeding, including a reasonable compensation to the garnishee, shall be taxed against the plaintiff. Where the answer of the garnishee has not been controverted and the garnishee is held thereon, such costs shall be taxed against the defendant and included in the execution. Where the answer is contested, the costs shall abide the issue of such contest. Tex. R. Civil. P. 677.
Interest Rate at which Judgments Accrue All judgments of the courts of this Statutee based on a contract that provides for a specific rate of interest earn interest at a rate equal to the lesser of the rate specified in the contract or 18 percent. All other judgments, together with taxable court costs, earn interest, compounded annually, at the rate published by the consumer credit commissioner in the Texas Register.
The consumer credit commissioner shall compute on the 15th day of each month the judgment interest rate by taking the auction rate quoted on a discount basis for 52 week treasury bills issued by the United Statutees government as published by the Federal Reserve Board on the most recent date preceding the date of computation. The interest rate so computed shall be the judgment rate, subject to a ten percent floor and a twenty percent ceiling. Judgments earn interest for the period beginning on the day the judgment is rendered and ending on the day the judgment is satisfied. Judgments in wrongful death, personal injury, and property damage cases must include prejudgment interest as calculated by Statute. Tex. Rev. Civil. Statute. Ann. art. 50691.05. Applicable Forms Tex. R. Civil. P. 661. Tex. R. Civil. P. 663a. 4.0.
At any time when execution may issue on a judgment, upon proof by affidavit or otherwise to the satisfaction of the court that any person or corporation has property of such judgment debtor or is indebted to him in an amount exceeding fifty dollars, not exempt from execution, the court may order such person or corporation or any officer or agent thereof, to appear before the court or a master at a specified time and place to answer concerning the same. Witness fees and mileage, if any, may be awarded by the court. Utah R. Civil. P. 69(l).
A writ of garnishment is available in aid of execution to satisfy a money judgment or other order requiring the payment of money. Utah R. Civil. P. 64D(a)(ii). The clerk of any court from which execution thereon may be issued shall issue a writ or writs of garnishment, without the necessity for an undertaking, upon the filing of an application by the plaintiff identifying the person sought to be charged as a garnishee, Statuteing whether such property consists in whole or in part of earnings from personal services, and Statuteing the remaining amount due on the judgment. Utah R. Civil. P. 64D(c).
The writ of garnishment shall be issued in the name of the Statutee of Utah and shall be directed to the person or persons designated in the plaintiff’s application as garnishee or garnishees, advising each such person that each is attached as garnishee in the action, and commanding each of them not to pay or deliver any nonexempt Property Subject to Garnishment as defined in Subdivision (a)(iii) in their possession, custody, or control, or part thereof, due or to become due to the defendant to the amount remaining due on the judgment and to retain possession and control of all such property until further order of the court or as otherwise discharged or released. At the time the writ of garnishment is issued, the clerk shall attach to the writ a notice of garnishment and exemptions, interrogatories to the garnishee and two copies of an application by which the defendant may request a hearing. Utah R. Civil. P. 64D(d)(i).
The plaintiff shall provide a $10 fee to the garnishee. Utah R. Civil. P. 64D(d)(ii). The writ and any related order shall be served upon the garnishee by a sheriff, constable, deputy, or such other person designated by court order and return thereof made in same manner as a return of service upon a summons. All other service may be by first class mail or hand delivery. Utah R. Civil. P. 64D(e).
Costs shall be allowed as a matter of course to the plaintiff and against the defendant in the pursuit of any garnishee action instituted after judgment unless the court otherwise directs. However, where an appeal or other proceeding for review is taken, costs of the garnishee action shall abide the final determination of the cause. The plaintiff must serve upon the defendant a copy of a memorandum of the items of necessary costs and disbursements in the garnishee action or actions, and file with the court a like memorandum duly verified Statuteing that the items are correct, the disbursements have been necessarily incurred in the garnishee action, and the items of costs have not been claimed in any previous memorandum. Utah R. Civil. P. 64D(t).
Interest Rate at which Judgments Accrue Any judgment rendered on a lawful contract shall conform to the contract and shall bear the interest agreed upon by the parties, which shall be specified in the judgment.
Other judgments shall bear interest at the federal post judgment interest rate (as established for the federal court system under 28 U.S.C. _ 1961, as amended) as of January 1 of each year, plus two percent. Utah Code Ann. _ 1514. Applicable Forms Interrogatories, Utah R. Civil. P. 64D(d)(ii). Contents of Notice of Garnishment and Exemptions, Utah R. Civil. P. 64D(d)(iv). 4.0.
Trustee process may be used in any civil action commenced in a superior court or the district court except in actions for malicious prosecution, libel, slander or alienation of affections. Vt. Statute. Ann. art. 12, _ 3011. A person or corporation, or the Statutee of Vermont by service upon the Statutee treasurer, may be summoned as a trustee of the defendant. The goods, effects or credits of the defendant which are in the hands of such trustee at the time of service of the writ upon the trustee, or which come into the trustee’s hands or possession before disclosure, shall thereby be attached and held to respond to final judgment in the cause. Vt. Statute. Ann. art. 12, _ 3013.
Where issuance of post judgment trustee process is authorized by law, the judgment on which execution has issued shall be deemed an order of approval authorizing the clerk to issue one or more summons to any trustee specified by the judgment creditor, provided that no such summons shall be issued with respect to earnings and the sum of the amounts for which the goods, effects or credits of the debtor attached on trustee process does not exceed the amount that may be collected in levying execution. The judgment creditor also shall serve on the trustee and the debtor a disclosure form and list of exemptions. Vt. R. Civil. P. 4.2(k).
Each summons to a trustee shall be filled out and issued to the plaintiff’s attorney by the clerk of the court in the county where the judgment was entered or the trustee resides. Vt. R. Civil. P. 4.2(b)(1). The summons to a trustee shall be dated and signed by the clerk. It shall contain the name of the court, the names of the parties, and the order of approval (the judgment on which execution has issued). It shall be directed to the trustee, Statutee the name and address of the plaintiff’s attorney, the amount for which the goods, effects, or credits of the defendant are attached, and the time within which these rules require the trustee to make disclosure. It shall notify the trustee that in case of the trustee’s failure to do so the trustee will be defaulted and adjudged trustee as alleged. The amount so attached shall not exceed the amount specified in the order of approval. Vt. R. Civil. P. 4.2(c).
The plaintiff’s attorney shall deliver to the person who is to make service the original trustee summons upon which to make his or her return of service and two copies thereof for service upon the defendant and trustee. The trustee summons shall be served in like manner and with the same effect as other process. Plaintiff’s attorney shall also serve a disclosure form on the trustee along with the summons (personal service or first class mail, postage prepaid with a notice and acknowledgment and a return envelope, postage prepaid, addressed to sender). If the answer on the disclosure form do not provide adequate information, plaintiff may submit interrogatories to the trustee pursuant to Rule 33, but such interrogatories must be concise. A list of exemptions shall also be served on the defendant and the trustee. Vt. R. Civil. P. 4.2(d).
When a person is adjudged a trustee, his costs and charges shall be retained out of the goods, effects and credits in his hands, and he shall be chargeable on execution for the balance. Vt. Statute. Ann. art. 12, _ 3084. When a person is adjudged a trustee on account of specific articles of personal property, he shall not be obliged to deliver the same to the officer serving the execution, until his costs and charges are fully paid or tendered. Vt. Statute. Ann. art. 12, _ 3085.
When the trustee is discharged, he shall recover judgment against the plaintiff for his costs and charges and have execution thereof. Vt. Statute. Ann. art. 12, _ 3086. The plaintiff in a trustee process shall give security for costs to the trustee by way of recognizance by some person other than the plaintiff. The security shall be in the sum of $10 for a summons returnable before the district court and in the sum of $50 for a summons returnable to a superior court. If trustee process issues without a minute of the recognizance, with the name of the surety and the sum in which he is bound, signed by the clerk, thereon, the trustee shall be discharged. Vt. Statute. Ann. art. 12, _ 3087.
Interest Rate at which Judgments Accrue In the writ of execution, the clerk shall set forth the amount of post judgment interest due per day, calculated on the full amount of principal included in the judgment at the maximum rate allowed by law. Vt. R. Civil. P. 69. The legal rate of interest shall be twelve percent per annum. Vt. Statute. Ann. tit. 9, _ 41a. Applicable Forms Notice and Acknowledgment, Vt. R. Civil. P., Form 1B or 1C. List of exemptions, Vt. R. Civil. P., Form 34. Summons to Trustee, Vt. R. Civil. P., Form 2A. Trustee’s Disclosure, Vt. R. Civil. P., Form 21A. 4.0.
On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, to issue a writ of fieri facias at the expiration of twenty one days from the date of the entry of the judgment and place the same in the hands of the proper officer of such court to be executed and take his receipt therefor. Virginia. Code Ann. _ 8.01 466.
To ascertain the personal Statutee of a judgment debtor to which the debtor named in a judgment and fieri facias is entitled, upon the application of the execution creditor, the clerk of the court from which such fieri facias issued shall issue a summons against any debtor to, or bailee of, the execution debtor. The summons shall require him to appear before the court from which the fieri facias issued or a commissioner of a county or city contiguous thereto, or upon request of the execution creditor, before a like court or commissioner of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, to answer such interrogatories as may be propounded to him by the execution creditor or his attorney, or the court, or the commissioner, as the case may be. As a condition precedent to such a proceeding, the execution creditor must furnish the court with a certificate setting forth that he has not proceeded against the execution debtor under this section within the six months last preceding the date of such certificate. Virginia. Code Ann. _ 8.01506.
Any money, bank notes, securities, evidences of debt, or other personal Statutee, tangible or intangible, which it may appear by such answers are in possession of or under the control of the debtor or his debtor or bailee, shall be delivered by him or them, as far as practicable, to the officer to whom was delivered the fieri facias, or to some other, or in such manner as may be ordered by the commissioner or court. Virginia. Code Ann. _ 8.01507.
On a suggestion by the judgment creditor that, by reason of the lien of his writ of fieri facias, there is a liability on any person other than the judgment debtor, a summons in the form prescribed by _ 8.01512.3 may be sued out of the clerk’s office of the court from which an execution on the judgment is issued or be sued out of the clerk’s office to which an execution issued thereon has been returned against such person. The summons and the notice and claim for exemption form shall be served on the garnishee, and shall be served on the judgment debtor promptly after service on the garnishee. Service on the judgment debtor and the garnishee shall be made pursuant to subdivision 1 or 2 of _ 8.01296 (mainly personal service).
When making an application for garnishment, the judgment creditor shall set forth on the suggestion for summons in garnishment the last known address of the judgment debtor, and shall furnish the clerk with an envelope, with first class postage attached, addressed to such address, whereupon a copy of the summons and the notice for exemptions form shall be inserted into such envelope by the clerk and sent to the sheriff with the process to be served. The judgment creditor shall furnish the social security number of the judgment debtor to the clerk, unless excepted by law. The judgment creditor shall, in the suggestion, specify the amount of interest, if any, that is claimed to be due upon the judgment, calculated to the return day of the summons. He shall also set out such credits as may have been made upon the judgment. Virginia. Code Ann. _ 8.01511.
Interest Rate at which Judgments Accrue The judgment rate of interest shall be an annual rate of nine percent, except that a money judgment entered in an action arising from a contract shall carry interest at the rate lawfully charged on such contract, or at nine percent annually, whichever is higher. Interest at the judgment rate, where no rate is fixed by the contract, shall apply to both prejudgment interest and to post judgment interest. Virginia. Code Ann. _ 6.1330.54. Applicable Forms Garnishment Summons, Virginia. Code Ann. _ 8.01512.3. Notice of Exemptions, Virginia. Code Ann. _ 8.01512.4. 4.0.
The clerks of the superior courts and district courts may issue writs of garnishment returnable to their respective courts for the benefit of a judgment creditor who has a judgment wholly or partially unsatisfied in the court from which the garnishment is sought. Wash. Rev. Code Ann. _ 6.27.020.
The judgment creditor as the plaintiff shall apply for a writ of garnishment by affidavit, Statuteing the following facts: (1) The plaintiff has a judgment wholly or partially unsatisfied in the court from which the writ is sought; (2) the amount alleged to be due under that judgment; (3) the plaintiff has reason to believe, and does believe that the garnishee, Statuteing the garnishee’s name and residence or place of business, is indebted to the defendant in amount exceeding those exempted from garnishment by any Statutee or federal law; and (4) whether or not the garnishee is the employer of the judgment debtor. The judgment creditor shall pay to the clerk of the superior court the fee provided by _ 36.18.020 ($20 for each garnishee named in an affidavit for garnishment), or to the clerk of the district court the fee of two dollars. Wash. Rev. Code Ann. _ 6.27.060.
A writ of garnishment directed to a bank, savings and loan association, or credit union that maintains branch offices shall identify either a particular branch of the financial institution or the financial institution as the garnishee defendant. The head office of the financial institution shall be considered a separate branch. The Statuteement may be incorporated in the writ or served separately. Service shall be by certified mail, return receipt requested, directed to or by personal service, in the same manner as a summons in a civil action is served, on the manager, cashier, or assistant cashier of the financial institution, except that, if the financial institution, and not a branch, is named as garnishee defendant, service shall be either on the head office or on the place designated by the financial institution for receipt of service of process. There shall be served with the writ, as part of the service, a Statuteement in writing signed by the plaintiff or plaintiff’s attorney, Statuteing (a) the defendant’s place of residence and business, occupation, trade, or profession, or (b) the defendant’s federal tax identification number, or (c) the defendant’s account number, if such information is not incorporated in the writ. A writ naming the financial institution as the garnishee defendant shall be effective only to attach deposits of the defendant in the financial institution and compensation payable for personal services due to the defendant from the financial institution. A writ naming a branch as garnishee defendant shall be effective only to attach the deposits, accounts, credits, or other personal property of the defendant (excluding compensation payable for personal services) in the possession or control of the particular branch to which the writ is directed and on which service is made. Wash. Rev. Code Ann. _ 6.27.080.
The writ of garnishment shall set forth in the first paragraph the amount that the garnishee is required to hold, which shall include the amount of the judgment remaining unsatisfied plus interest to the date of garnishment plus taxable costs and attorney’s fees and the estimated costs of garnishment. Costs recoverable in garnishment proceedings include filing fee, service and affidavit fees, postage and costs of certified mail, answer fee or fees, and a garnishment attorney fee in the amount of the greater of fifty dollars or ten percent of the amount of the judgment remaining unsatisfied. The garnishment attorney fee shall not exceed two hundred fifty dollars. Wash. Rev. Code Ann. _ 6.27.090.
Service of the writ of garnishment on the garnishee is invalid unless the writ is served together with four answer forms, three stamped envelopes addressed respectively to the clerk of the court issuing the writ, the attorney for the plaintiff, and the defendant, and cash or a check made payable to the garnishee in the amount of ten dollars. If a writ of garnishment is served by mail, the person making the mailing shall file an affidavit showing the time, place, and manner of mailing and that the writ was accompanied by answer forms, addressed envelopes, and cash or a check and shall attach the return receipt to the affidavit. Wash. Rev. Code Ann. _ 6.27.110.
From and after the service of a writ, it shall not be lawful for the garnishee to pay any debt owing to the defendant at the time of such service, or to deliver, sell or transfer, or recognize any sale or transfer of, any personal property or effects belonging to the defendant in the garnishee’s possession or under his control at the time of such service. This restriction does not apply to any portion of a debt that is exempt from garnishment or any funds or property in excess of the amount Statuteed in the writ if the garnishee continues to hold an amount equal to the amount Statuteed in the writ. Wash. Rev. Code Ann. _ 6.27.120.
When a writ is issued, on or before the date of service of the writ on the garnishee, the judgment creditor shall mail or cause to be mailed to the judgment debtor, by certified mail, addressed to the last known post office address of the judgment debtor a copy of the writ and a copy of the judgment or, if it is a district court judgment, a copy of the judgment creditor’s affidavit, and the notice and claim form. Alternatively, the judgment creditor may serve the Statuteed documents on the judgment debtor personally. Proof of service shall be filed with the clerk of court. Wash. Rev. Code Ann. _ 6.27.130.
Interest Rate at which Judgments Accrue Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts provided that said interest rate is set forth in the judgment. All judgments for unpaid child support that have accrued under a superior court order or an order entered under the administrative procedure act shall bear interest at the rate of twelve percent. All other judgments shall bear interest from the date of entry at the maximum rate permitted under _ 19.52.020. Wash. Rev. Code Ann. 4.56.110.
Any rate of interest shall be legal so long as it does not exceed the higher of twelve percent per annum or four percentage point above the equivalent coupon issue yield of the average bill rate for 26 week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the later of the establishment of the interest rate by written agreement of the parties to the contract or any adjustment in the interest rate in the case of a written agreement permitting an adjustment. Wash. Rev. Code Ann. _ 19.52.020. Applicable Forms Writ of Garnishment, Wash. Rev. Code Ann. _ 6.27.100. Notice and Claim, Wash. Rev. Code Ann. _ 6.27.140. Answer, Wash. Rev. Code Ann. _ 6.27.190. 4.0.
On a judgment of money, there may be issued an execution known as a writ of fieri facias. W. Virginia. Code _ 3845. To ascertain the Statutee on which a writ of fieri facias issued by any court of record, or an execution issued by a justice of the peace [magistrate], is a lien, the clerk of court from which the execution issued, or, if it was issued by a justice of the peace [magistrate], the clerk of the circuit court of the county in which such justice [magistrate] resides, shall issue a summons against any debtor or bailee of the execution debtor, requiring such debtor or bailee to appear before a commissioner in chancery of the county where such debtor or bailee resides, such commissioner and his county to be named in the summons, such appearance to be made at a time and place to be designated therein, to answer upon oath such questions as shall be propounded at such time and place by counsel for the execution creditor, or by the commissioner. W. Virginia. Code _ 3851.
Upon a suggestion by the judgment creditor that a person is indebted or liable to the judgment debtor or has in the person’s possession or control personal property belonging to the judgment debtor, which debt or liability could be enforced, when due, or which property could be recovered, when it became returnable, by the judgment debtor in a court of law, and which debt or liability or property is subject to the judgment creditor’s writ of fieri facias, a summons against such person may be issued out of the office of the clerk of the circuit court of the county in which such person so indebted or liable, or so having such personal property, resides upon an attested copy of such writ of fieri facias being filed with the clerk to be preserved in the clerk’s office, requiring such person to answer the suggestion in writing under oath. The return day of the summons shall be the next term of the court. The suggestion by the judgment creditor provided for herein shall include, to the extent possible, the present address and social security number of the judgment debtor, which information shall be made available to the person suggested for purposes of identifying the judgment debtor and facilitating a proper answer to the suggestion. W. Virginia. Code _ 38510.
If it appears from the answer of the person suggested that, at the time the writ of fieri facias was delivered to the officer to be executed, or thereafter, and before the time of the service of the summons, or the return day of the writ of fieri facias, whichever comes first, the person was indebted or liable to the judgment debtor, or had in the person’s possession or under the person’s control any personal property belonging to the judgment debtor, and that the person had not, before notice of the delivery of the writ of fieri facias to the officer, paid the money or delivered the property to the judgment debtor, or upon the judgment debtor’s order, and that the debt or liability to pay the money or deliver the property was not evidenced by a negotiable instrument, the court may order the person to pay the amount so due from the person and to deliver the property, or any part of the money or property, to such person as the court may designate as receiver. W. Virginia. Code _ 38515.
Interest Rate at which Judgments Accrue Every judgment or decree for the payment of money entered by any court of this Statutee shall bear interest from the date thereof, whether it be so Statuteed in the judgment or decree or not at the rate of ten dollars upon one hundred dollars per annum. If a judgment or decree, or any part thereof, is for special damages (lost wages and income, medical expenses, damages to tangible property, and similar out-of-pocket expenditures, as determined by the court) or for liquidated damages, the amount of such special or liquidated damages shall bear interest from the date the right to bring the same shall have accrued. W. Virginia. Code _ 56631. 4.0.
Upon payment to the clerk of court of the proper fee, the clerk shall issue a garnishee summons together with sufficient copies to the plaintiff or his or her attorney. The summons form may be in blank, but must carry the court seal. A garnishment action shall be commenced by the filing of a garnishee summons and annexed complaint, except no action shall be deemed commenced as to any defendant upon whom service of authenticated copies of the summons and the complaint has not been made within 60 days after filing. Wis. Statute. Ann. _ 812.04.
The garnishee complaint in a garnishment action after judgment must allege the existence of the grounds for garnishment mentioned in _ 812.02(1)(b) (an execution upon an in personam judgment is issuable), and the name and location of the court, case number, if any, date of entry and amount of the judgment on which the garnishment action is based, the amount of the plaintiff’s claim against the defendant and disbursements, not to exceed $40, above all offsets known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff’s knowledge and belief, not exempt from execution. Wis. Statute. Ann. _ 812.05.
Note, a plaintiff may not commence any garnishment action affecting the property of a spouse who is not a defendant in the principal action unless the spouse is a defendant in the garnishment action. Wis. Statute. Ann. _ 812.02(2e). A garnishee shall be entitled to $3 as garnishee fee, and shall not be required to answer unless such fee is first paid. When a corporation is garnisheed such fee shall be paid to the person upon whom the garnishee summons and complaint is served. Such fee shall be taxes as costs in the action the same as witness fees are taxed. Wis. Statute. Ann. _ 812.06.
The garnishee summons and complaint shall be served on the garnishee as required for the exercise of personal jurisdiction under chapter 801 (generally personal service), and notice of such service or a copy of the garnishee summons and complaint, together with the summons in the principal action, shall be served on the principal defendant not later than 10 days after service on the garnishee. Wis. Statute. Ann. _ 812.07.
From the time of service upon the garnishee, the garnishee shall be liable to the creditor for the property then in the garnishee’s possession or under his or her control belonging to the debtor or in which the debtor is interested to the extent of his or her rights or interest therein and for all the garnishee’s debts due or to become due to the debtor, except such as are exempt from execution, or are required by a court to be paid by the debtor as restitution under _ 973.20, but not in excess of the amount of the creditor’s claim. Wis. Statute. Ann. _ 812.18.
Property in a safe deposit box in any bank or safe deposit company is not property in the possession or control of such bank or safe deposit company within the meaning of this subchapter. Wis. Statute. Ann. _ 812.19. In case of a trial of an issue between the plaintiff and any garnishee, the prevailing party shall recover taxable costs. Wis. Statute. Ann. _ 812.22.
Interest Rate at which Judgments Accrue If the judgment is for the recovery of money, interest at the rate of 12% per year from the time of verdict, decision or report until judgment is entered shall be computed by the clerk and added to the costs. W.S.A. _ 814.04. Every execution upon a judgment of money shall direct the collection of interest at the rate of 12% per year on the amount recovered from the date of the entry thereof until paid. W.S.A. _ 815.05. Applicable Forms Garnishee Summons, Wis. Statute. Ann. _ 812.07. 4.0.
At any time after entry of judgment, the judgment creditor may obtain discovery by interrogatories, depositions or otherwise, from any person, including the judgment debtor, in accordance with the Wyoming Rules of Civil Procedure. A person served with notice of discovery shall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtor or due to him. Wyo. Statute. Ann. _ 117402.
A post judgment writ of garnishment is available to satisfy a money judgment. Wyo. Statute. Ann. _ 115401. After the entry of a judgment requiring the payment of money, the clerk of the court from which execution could issue shall, upon application of the plaintiff, issue one or more writ of post judgment garnishment. Wyo. Statute. Ann. _ 115405.
A writ of post judgment garnishment shall be issued in the name of the Statutee of Wyoming and shall be directed to the person or persons designated in the plaintiff’s affidavit as garnishee. The writ shall advise each person that until further order of the court or until the garnishee has complied with the requirements of _ 115 407(c) (answer and delivery to court), he is attached as garnishee in the action, command him not to pay any debt due or to become due to the defendant which is not exempt from execution and to retain possession and control of all credits, chattels, goods, effects, debts, chooses in action, money and personal property and rights to property of the defendant not exempt from execution. Wyo. Statute. Ann. _ 115406.
The garnishee shall mail a copy of his answers to the plaintiff and defendant if, at the time he is served with the writ, the garnishee is furnished with stamped envelopes addressed to the parties. Wyo. Statute. Ann. _ 115407.
A writ of post judgment garnishment shall be served on the garnishee in the same manner as a summons (personal service). Not later than 5 days after service is made upon the garnishee the sheriff or other person who served the writ shall mail a copy of the writ to the defendant. The papers [writ] shall be sent by first class United Statutees mail with postage prepaid. The envelopes [envelope] shall be furnished and properly addressed by the plaintiff. Wyo. Statute. Ann. _ 115409.
No person shall be liable as garnishee for having drawn, accepted, made or endorsed any negotiable instrument in the hands of the defendant at the time of service of the writ of post judgment garnishment when the negotiable instrument is not due. Wyo. Statute. Ann. _ 115418.
Interest Rate at which Judgments Accrue All decrees and judgments for the payment of money shall bear interest at ten percent per year from the date of rendition until paid. If the decree or judgment is founded on a contract and all parties to the contract agreed to interest at a certain rate, the rate of interest on the decree or judgment shall correspond to the terms of the contract. A periodic payment or installment for child support or maintenance which is unpaid on the date due and which on or after July 1, 1990, becomes a judgment by operation of law shall not bear interest. Wyo. Statute. Ann. _ 116102. 4.0.
If you still have questions, askThere 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.