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Debtors, use this information to learn about your state’s wage garnishment procedures. Employers, creditors and collectors should review their state garnishment laws outlined below BEFORE attempting administrative wage garnishment procedures.
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Federal Wage Garnishment Law and your rights
Alabama Procedural Requirements
To obtain a writ of garnishment, a judgment creditor must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the judgment was entered, an affidavit stating the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. Alabama Code _ 66 391.
on the filing of the affidavit, the officer filing the affidavit must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer upon oath. Alabama Code _ 66393.
When a garnishment is issued on a judgment in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice to the defendant contemporaneously with the service of process of garnishment on the garnishee. The notice shall identify the name of the parties, the court in which the action is pending and the case number. In addition, except in proceedings to collect child or spousal support, the notice shall also contain a statement concerning rights of exemption. Alabama R. Civil. P. 64A.
on filing of the garnishee’s answer, the clerk or register shall give the plaintiff and the defendant notice, and the garnishee may, if required by the plaintiff, be examined orally in the presence of the court. Any demand for oral examination must be made by motion filed within 30 days from the date of notice of filing of the answer. Alabama Code _ 66450.
If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much as may be necessary to satisfy the plaintiff’s demand and costs into court to await the order of the court. Alabama Code _ 66 452.
When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during his attendance when such attendance is required, together with five cents per mile going to and returning from court. In addition, when the personal attendance of the garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs. Alabama Code _ 66462.
Interest Rate at which Judgments Accrue Judgments for the payment of money, other than costs, if based upon a contract action, bear interest from the day of the cause of action, at the same rate of interest as stated in the contract. All other judgments shall bear interest at the rate of 12 percent per annum. In addition, fees allowed a trustee, executor, administrator, or attorney and taxed as part of the cost of the proceeding shall bear interest at a like rate from the day of entry. Alabama Code _ 8810. Applicable Forms Rights of Exemption, Alabama R. Civil. P. 64A.
Alaska Procedural Requirements
A plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy the judgment. Alaska Code Civil. P. _ 09.40.010.
Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose. Alaska Code Civil. P. _ 09.40.025. All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff for the amount of the property or debts until the attachment is discharged or the judgment recovered by plaintiff is satisfied. Alaska Code Civil. P. _ 09.40.040.
When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and description of any personal property in the person’s possession belonging to the defendant, or any debt the person owes to the defendant. If the person refuses to do so, or if the statement is unsatisfactory to the plaintiff, the person may be ordered to appear before the court and be examined concerning the property or debt. Alaska Code Civil. P. _ 09.40.060.
A party in whose favor a judgment is given that requires the payment of money may have a writ of execution issued for its enforcement. Alaska Code Civil. P. _ 09.35.010. All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempted by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Alaska Code Civil. P. _ 09.35.070.
The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied. Alaska Code Civil. P. _ 09.35.100.
Interest Rate at which Judgments Accrue The rate of interest on judgments and decrees for the payment of money is 10.5 percent a year, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specific rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree. Except when the court finds that the parties have agreed otherwise, prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier. Alaska Code Civil. P. _ 09.30.070.
Arkansas Procedural Requirements
In all such actions where the plaintiff has obtained judgment, he may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. The plaintiffs in all cases of garnishment may also have an attachment against the property of the garnishee, who is made a defendant thereto, by stating in his affidavit one or more of the grounds for attachment and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee. Ark. Code Ann. _ 16110102.
The order of attachment shall be executed by the sheriff or other officer without delay by delivering a copy of the order, with a notice specifying the debt attached, to the person owing it. The sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. It shall be the duty of every person to whom the sheriff shall apply therefor, to furnish him with the amount of the debt owing to the defendant, whether due or not. A failure to perform his duty may be punished by the court as contempt. Ark. Code Ann. _ 16110111.
The sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one or more sufficient sureties of the plaintiff, to the effect that he will pay to the person the damages he may sustain by the wrongful suing out of the order. Ark. Code Ann. _ 16110113.
Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him to the defendant, whether due or not, at or after the service of the order of attachment. Where a garnishee appears in person, he may be examined on oath. If it is discovered on the examination that, at or after the service of the order of attachment upon him, he was indebted to the defendant, the court may order the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the amount owing, or the court may permit the garnishee to retain the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct. The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt owing by him to the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee. Ark. Code Ann. _ 16110127.
The garnishee may pay the money owing to the defendant by him to the sheriff having in his hands the order of attachment or into the court. The garnishee shall not be subjected to costs beyond those caused by his resistance of the claim against him. In fact, if he discloses the true amount owing by him and pays the amount owing according to the order of the court, he shall be allowed his costs. Ark. Code Ann. _ 16110129.
on the service of a summons upon any garnishee or after his failure to make a disclosure satisfactorily to the plaintiff, the latter may proceed in an action against him by filing a complaint verified as in other cases and causing a summons to be issued upon it. Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee. The judgment may be enforced by execution or other proper means. Ark. Code Ann. _ 16110133.
Interest Rate at which Judgments Accrue Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent per annum, whichever is greater, and on any other judgment at ten percent per annum, but not more than the maximum rate permitted by law. Ark. Code Ann. _ 1665114.
Arizona Procedural Requirements
A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person in his behalf makes an application in writing. The application shall contain the following: A statement that the applicant is a judgment creditor. A statement that the applicant has good reason to believe that the garnishee is holding nonexempt monies on behalf of the judgment debtor. The amount of the outstanding balance due on the underlying judgment, together with interest and accrued allowable costs, on the date the application is made, and the rate at which interest accrues on that judgment. The address of the garnishee. Arizona. Rev. Statute. Ann. _ 121572.
When the judgment creditor has filed the application, the clerk or justice of the peace shall issue a writ of garnishment of monies or property and a summons directed to the sheriff, constable or any officer authorized by law to serve process in the county where the garnishee is alleged to be, commanding him to immediately summon the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ. The writ shall state: The amount of the outstanding balance due on the judgment, including accrued interest and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment. The name and address of the garnishee or his authorized agent. The name and address of the judgment creditor and his attorney, if applicable. The last mailing address of the judgment debtor know to the judgment creditor. The judgment creditor, in the manner required for a summons by rules of the court in civil matters, shall serve on the garnishee two copies of the summons and writ of garnishment, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form and one copy of the instructions to garnishee provided for in _ 12 1596.
Within three days, not including weekends and holidays, the garnishee shall deliver to the judgment debtor a copy of the summons and writ of garnishment, a copy of the underlying judgment and the notice to judgment debtor and request for hearing form. Arizona. Rev. Statute. Ann. _ 121574.
Note, monies owing to a judgment debtor by a banking corporation or association, savings banks, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the possession of or under the control of such entity, may be levied upon by serving a copy of the writ of garnishment upon the manager or other officer of such entity, at any office or branch thereof located in the county where such service is made. No garnishment shall be effective as to any debt owing by such entity if the account evidencing such indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or as to any credits or other effects in its possession or under its control at any other office or branch, unless the service of writ is accompanied by a cash tender of twenty five dollars to the garnishee as costs for the search. on the payment of the search fee the writ shall be effective as to any debt owing by such entity, if the account evidencing such indebtedness is carried at any office or branch thereof located in the county in which service is made, but shall not be effective as to any debt owing by such entity, if the account evidencing such indebtedness is carried at an office or branch thereof located in a county other than the county in which service is made. Arizona. Rev. Statute. Ann. _ 12 1577.
From and after the service of all documents required to be served pursuant to _ 121574 the garnishee shall not pay to the judgment debtor any monies which are not exempt. Any such payment is void and of no effect as to so much of the monies as is necessary to satisfy the judgment creditor’s demand. However, a financial institution shall not withhold from the judgment debtor the amount set forth as exempt pursuant to _ 331125, paragraph 7, unless ordered by the court to do so after a hearing pursuant to _ 121580. Arizona. Rev. Statute. Ann. _ 12 1578.
Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee’s costs and attorney’s fee. Arizona. Rev. Statute. Ann. _ 121582.
When the garnishee is discharged upon his answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor. When there is no written objection to the answer of the garnishee and the garnishee is held on his answer, the above costs shall be taxed against the judgment debtor. Where the answer is objected to in writing the costs shall abide the issue. Arizona. Rev. Statute. Ann. _ 121591.
A bank deposit made in the names of two or more persons shall be subject to garnishment. The answering garnishee shall, upon service of the writ, impound all funds then present in the bank account, and shall promptly notify each person who appears from the business records of the garnishee to have an interest in such bank account in addition to the judgment debtor that such account has been impounded, the name of the judgment creditor and judgment debtor and the court in which the action is pending as Statuted on the writ. The notice may be made personally or by registered mail, postage prepaid, addressed to each such person at his last known address as reflected by the business records of the garnishee. The answer of the garnishee, in such case, shall Statutee under oath the names of all persons who appear from the business records of the garnishee to have an interest in the bank account in addition to the judgment debtor. on the filing of the answer the court shall join all persons who appear to have an interest in the bank account in addition to the judgment debtor, as reflected by the answer of the garnishee, and shall proceed to a determination of the interest of the judgment debtor therein. on entry of an order based upon such proceeding all impounded funds, except those of the judgment debtor, shall be released by the garnishee. The matter shall otherwise proceed as in any other garnishment action. Arizona. Rev. Statute. Ann. _ 12595.
Under the Arizona Rules of Civil Procedure, “In aid of the judgment or execution, the judgment creditor . . . may obtain discovery from any person, including the judgment debtor, in the manner provided in these Rules or otherwise by law.” Arizona. R. Civil. P. 69. Note: Personal property does not include accounts under Arizona. Rev. Statute. Ann. _ 121570.
Deliver means to hand deliver, to mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner, or to serve on a party pursuant to the rules of civil procedure applicable to a summons. Arizona. Rev. Statute. Ann. _ 121570.
Interest Rate at which Judgments Accrue Any judgment shall be at the rate of ten percent per annum. However, a judgment given on an agreement bearing a higher rate not in excess of the maximum permitted by law shall bear the rate of interest provided in the agreement, and it shall be specified in the judgment. Arizona. Rev. Statute. Ann. _ 441201. Applicable Forms The court or justice of the peace shall provide to the parties, at no charge, copies of the following documents required to be delivered pursuant to _ 121574:
The notice to judgment debtor and request for hearing form as prescribed by the supreme court but necessarily including an explanation of the judgment debtor’s rights and responsibilities relating to the garnishment procedure, including information concerning exemption rights, grounds for objecting to the writ, and the objection and hearing procedures and a form on which the judgment debtor may request a hearing. The answer form. The instructions to garnishee. A party to a garnishment proceeding may use documents other than those provided, if such documents are substantially similar to those prescribed by the supreme court. Arizona. Rev. Statute. Ann. _ 121596.
California Procedural Requirements
At any time after delivery of a writ of execution to a levying officer and before its return, a person indebted to the judgment debtor may pay to the levying officer the amount of the debt or so much thereof as is necessary to satisfy the money judgment. The levying officer shall give a receipt for the amount paid and such receipt is a discharge for the amount paid. Cal. Civil. Procedure. Code _ 699.020.
A registered process server may levy under a writ of execution on deposit accounts. Before levying under the writ of execution, the registered process server shall deposit a copy of the writ with the levying officer and pay the fee provided by _ 26721 of the Government Code ($20). Cal. Civil. Procedure. Code _ 699.080.
After entry of a money judgment, a writ of execution shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server. A separate writ shall be issued for each county where a levy is to be made. Writs may be issued successively until the money judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned. Cal. Civil. Procedure. Code _ 699.510.
The writ of execution shall require the levying officer to whom it is directed to enforce the money judgment and shall include the following information: The date of issuance of the writ. The title of the court where the judgment is entered and the cause and number of the action. The name and address of the judgment creditor and the name and last known address of the judgment debtor. The date of the entry of the judgment and of any subsequent renewals and where entered in the records of the court. The total amount of the money judgment as entered or renewed, together with costs and the accrued interest on the judgment from the date of entry or renewal of the judgment to date of issuance of the writ, reduced by any partial satisfactions and by any amounts no longer enforceable. The amount required to satisfy the money judgment on the date the writ is issued. The amount of interest accruing daily on the principal amount of the judgment from the date the writ is issued. Whether any person has requested notice of sale under the judgment and, if so, the name and mailing address of such person. Cal. Civil. Procedure. Code _ 699.520.
on delivery of the writ of execution to the levying officer to whom the writ is directed, together with the written instructions of the judgment creditor, the levying officer shall execute the writ in the manner prescribed by law. The levying officer may not levy upon any property under the writ after the expiration of 180 days from the date the writ was issued. Cal. Civil. Procedure. Code _ 699.530.
The notice of levy shall inform the person notified of all of the following: The capacity in which the person is notified. The property that is levied upon. The person’s rights under the levy, including the right to claim an exemption and the right to make a third-party claim. The person’s duties under the levy. Cal. Civil. Procedure. Code _ 699.540. At the time of levy, the levying officer shall serve, either personally or by mail, a copy of the writ of execution, a notice of levy and, if the judgment debtor is a natural person, a copy of the form listing exemptions. Cal. Civil. Procedure. Code _ 700.010.
Subject to Section 700.160, to levy upon a deposit account, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the financial institution with which the deposit account is maintained. The execution lien reaches only amounts in the deposit account at the time of service on the financial institution (including any item in the deposit account that is in the process of being collected unless the item is returned unpaid to the financial institution). At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of execution and a notice of levy on any third person in whose name the deposit account stands. Service shall be made personally or by mail. During the time the execution lien is in effect, the financial institution shall not honor a check or other order for the payment of money drawn against, and shall not pay a withdrawal from, the deposit account that would reduce the deposit account to an amount less than the amount levied upon. When the amount levied upon pursuant to this section is paid to the levying officer, the execution lien on the deposit account levied upon terminates. Cal. Civil. Procedure. Code _ 700.140. A deposit account in the name of a person other than the judgment debtor, either alone or together with other third persons, is not subject to levy under _ 700.140 unless the levy is authorized by court order.
A court order is not required as a prerequisite to levy on a deposit account in the name of the judgment debtor, whether alone or together with third persons, or the judgment debtor’s spouse, whether alone or together with other third persons. An affidavit showing that the person in whose name the account stands is the judgment debtor’s spouse shall be delivered to the financial institution at the time of levy. In any case where a deposit account in the name of a person other than the judgment debtor, whether alone or together with the judgment debtor, is levied upon, the financial institution shall not pay to the levying officer the amount levied upon until being notified to do so by the levying officer. The levying officer may not require the financial institution to pay the amount levied upon until the expiration of 15 days after service of notice of levy on the third person. Cal. Civil. Procedure. Code _ 700.160.
Interest Rate at which Judgments Accrue At the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Cal. Civil. Procedure. Code _ 685.010. Interest commences to accrue on a money judgment on the date of entry of the judgment. However, if a money judgment is payable in installments, interest commences to accrue as to each installment on the date the installment becomes due. Cal. Civil. Procedure. Code _ 685.020.
Colorado Procedural Requirements
“Writ of garnishment with notice of exemption and pending levy” means the exclusive procedure through which the personal property of any kind (other than earnings of a natural person) in the possession or control of a garnishee including the credits, debts, chooses in action, or money owed to the judgment debtor, whether they are due at the time of the service of the writ or are to become due thereafter, is required to be held for payment of a judgment debt (a “Writ with Notice”). A Writ with Notice shall be in the form and content of Colo. R. Civil. P. Form 29.
After entry of a judgment when a writ of execution may issue, a Writ with Notice shall be issued by the clerk of the court upon request. Under such writ any indebtedness, intangible personal property, or tangible personal property capable of manual delivery, other than earnings of a natural person, owed to, or owned by, the judgment debtor, and in the possession or control of the garnishee at the time of service of such writ upon the garnishee, shall be subject to the process of garnishment. Issuance of a writ of execution shall not be required before the issuance of a Writ with Notice. Service of a Writ with Notice shall be made in accordance with Colo. R. Civil. P. 4.
Following service of the Writ with Notice on the garnishee, a copy of the Writ with Notice, together with a blank copy of Colo. R. Civil. P. Form 30 shall be served upon each judgment debtor whose property is subject to garnishment by such writ as soon thereafter as practicable. Such service shall be in accordance with Colo. Rev. Statute. Ann. 1354.5107(2)* 1 Service of a Writ with Notice upon the garnishee shall give the court jurisdiction over the garnishee and any personal property of any description, owned by, or owed to the judgment debtor in the possession or control of the garnishee. Colo. R. Civil. P. 103.
Interest Rate at which Judgments Accrue Creditors shall be allowed to receive interest on any judgment recovered before any court authorized to enter the same within this Statutee from the date of entering said judgment until satisfaction thereof is made either at the rate specified in a contract or instrument in writing which provides for payment of interest at a specified rate until the obligation is paid, except that if the contract or instrument provides for a variable rate, at the rate in effect under the contract or instrument on the date judgment enters, or in all other cases where no rate is specified, at the rate of eight percent per annum compounded annually. Colo. Rev. Statute. Ann. _ 512102.
Note: Special rates apply if a judgment has been appealed. Colo. Rev. Statute. Ann. _ 512106. Furthermore, special rates apply in actions to recover damages for personal injuries. Colo. Rev. Statute. Ann. _ 1321101. Applicable Forms Colo. R. Civil. P. Form 29 Colo. R. Civil. P. Form 30 1 Service shall be made by delivering a copy of such notice to the judgment debtor personally or by leaving a copy of such notice at the usual abode of the judgment debtor with some member of his family over the age of eighteen years. In the event that personal service cannot be made, the section provides for service through publication. Such notice, with proof of service thereof, and, in the case of publication, an affidavit of publication and an affidavit of the mailing of notice shall be filed with the clerk of the court in which the judgment was entered. Colo. Rev. Statute. Ann. _ 1354.4107(2).
Connecticut Procedural Requirements
When any post judgment paper, other than a wage execution or property execution levied against property of a natural person, is served on a third person, the judgment creditor shall send a copy of the papers so served, together with a Statuteement as to on whom the papers were served, to the judgment debtor at his last known address by first class mail, postage paid. Conn. Gen. Statute. Ann. _ 52351a.
Unless otherwise provided by law, service of process concerning a post judgment procedure may be made by a proper officer sending a true and attested copy thereof by certified mail, return receipt requested, to a person at his last known address, as provided for service of process by chapter 896, or as provided by rule of court for service on an appearing party if made on a party who has filed a post judgment appearance or if made within one hundred eighty days of rendition of judgment on a party who appeared in the action. Conn. Gen. Statute. Ann. _ 52 350e.
A judgment creditor may obtain discovery from the judgment debtor or from any financial institution of any matters relevant to satisfaction of the money judgment. The judgment creditor shall commence any discovery proceeding by serving an initial set of interrogatories, in a prescribed form containing such questions as to the assets and employment of the judgment debtor as may be approved by the judges of the superior court or their designee, on the person from whom discovery is sought. Service of an initial set of interrogatories relevant to obtaining satisfaction of a money judgment of a up claims session of the superior court may be made, upon request of the judgment creditor, by the clerk of the court sending such interrogatories by certified mail, return receipt requested, to the person from whom discovery is sought, provided the judgment creditor pays to such clerk a fee of five dollars for each mailing requested. Such person shall answer the interrogatories and return them to the judgment creditor within thirty days of the date of service. If interrogatories are served on a financial institution, the financial institution shall disclose only whether it holds funds of the judgment debtor on account and the balance of such funds, up to the amount necessary to satisfy the judgment. The interrogatory form shall specify the names and last known addresses of the judgment creditor and the judgment debtor, the court in which and the date on which the judgment was rendered, and the original amount of the judgment and the amount due thereon. The interrogatory form shall contain a notice of rights with respect to post judgment interrogatories as prescribed by _ 52361b.
On failure of a person served with interrogatories to, within the thirty days, return a sufficient answer or disclose sufficient assets for execution, or on objection by such person to the interrogatories, the judgment creditor may move the court for such supplemental discovery orders as may be necessary to ensure disclosure. Conn. Gen. Statute. Ann. _ 52351b.
Execution may be granted against any debts due from any banking institution to a judgment debtor who is a natural person [1], except to the extent such debt is protected as exempt or wages [2]. If execution is desired against any such debt, the plaintiff requesting the execution shall notify the clerk of the court. If the papers are in order, the clerk shall issue such execution containing a direction that the officer serving the same shall, within seven days from the receipt by the officer of such execution, make demand upon the main office of any banking institution having its main office within the county of such officer or if such main office is not within such officer’s county and such banking institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the banking institution in accordance with regulations adopted by the commissioner of banking in accordance with chapter 54, for payment of any such nonexempt debt due to the judgment debtor and, after having made such demand, shall serve a true and attested copy of the execution, together with the affidavit and exemption claim form prescribed by subsection (k) of this section, with his doings endorsed thereon, with the banking institution officer upon whom such demand is made. If any such banking institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor, it shall remove from the debtor’s account the amount of such indebtedness not exceeding the amount due on such execution before its midnight deadline, as defined by _ 42a4104.
on receipt of the execution and exemption claim form from the serving officer, the banking institution shall forthwith mail copies thereof, postage prepaid, to the judgment debtor at his last known address with respect to the affected accounts on the records of the banking institution. The institution shall hold the amount removed from the debtor’s account pursuant to subsection (c) of this section for fifteen days from the date of the mailing to the judgment debtor and during such period shall not pay the serving officer. If an exemption claim is made, the banking institution shall continue to hold the amount removed from the judgment debtor’s account for twenty days or until a court order is received regarding disposition of the funds, whichever occurs earlier. If no order is received within twenty days of the date the banking institution sends a copy of the exemption claim form or notice of exemption to the clerk of the court, the banking institution shall return the funds to the judgment debtor’s account. If no claim of exemption is received by the banking institution within fifteen days of the mailing to the judgment debtor of the execution and exemption claim form, the banking institution shall, upon demand, forthwith pay the serving officer the amount removed from the judgment debtor’s account, and the serving officer shall thereupon pay such sum, less his fees, to the judgment creditor, except to the extent otherwise ordered by a court. Conn. Gen. Statute. Ann. _ 52367b.
If records or testimony are subpoenaed from a banking institution in connection with a hearing conducted to determine an exemption claim, the reasonable costs and expenses of the banking institution in complying therewith shall be recoverable by it from the party requiring such records or testimony, provided, the banking institution shall be under no obligation to attempt to obtain records or documentation relating to the account executed against which are held by any other banking institution. If there are moneys to be removed from the debtor’s account, prior to the removal of such moneys the banking institution shall receive from the serving officer as representative of the judgment creditor a fee of eight dollars for its costs in complying with these provisions which fee may be recoverable by the creditor as a taxable cost of the action. Conn. Gen. Statute. Ann. _ 52367b.
Interest Rate at which Judgments Accrue At the rate of ten per cent a year, and no more, may be recovered and allowed in civil actions, including actions to recover money loaned at a greater rate, as damages for the detention of money after it becomes payable [3]. Whenever the maker of any contract is a resident of another Statutee, any obligee or holder of such contract, residing in this Statutee, may lawfully recover any agreed rate of interest or damages on such contract until it is fully performed, not exceeding the legal rate of interest in the Statutee where such contract purports to have been made. Conn. Gen. Statute. Ann. _ 373a.
Applicable Forms 1 Conn. Gen. Statute. Ann. Sec 52367a governs executions against debts due from banking institutions when the debtor is not a natural person. 2 See Conn. Gen. Statute. Ann. Sec. 52352a, 5352b, 52361a. 3 Conn. Gen. Statute. Ann. _ 373b governs the rate of interest recoverable in negligence actions. Similarly, Conn. Gen. Statute. Ann. _ 373c governs the rate of interest recoverable in condemnation cases.
Delaware Procedural Requirements
Banks are exempt from equitable order restraining disbursement of funds. Delaware Trust Co. v. Partial, 517 A.2d 259 (Del. Ch. 1986).
Interest Rate at which Judgments Accrue Judgments shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due. Del. Code Ann. tit. 6, _ 2301.
District of Columbia Procedural Requirements
An attachment may be issued upon a judgment either before or after or at the same time with a fieri facias. If costs are unnecessarily multiplied thereby they shall be charged to the party causing the attachment to be issued. D.C. Code § 16-542.
An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment. D.C. Code § 16-546.
Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period the garnishee shall incur no liability whatsoever for the retention. D.C. Code § 16-547.
The court may make all orders necessary for the preservation of the property attached. D.C. Code § 16-550. In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers, verified by a written declaration that the answers are made under the penalties of perjury, to the interrogatories within ten days after service upon him. In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands. D.C. Code § 16-552.
If a garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff’s judgment, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by § 16-551. In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney’s fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding. D.C. Code § 16-553.
If a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the amount of the plaintiff’s judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands. When the credits are not immediately due and payable, execution shall be stayed until they become due. When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff’s judgment and costs, and execution may be had thereon. D.C. Code § 16-556.
Interest Rate at which Judgments Accrue In an action in the United Statutees District Court for the District of Columbia or the Superior Court of the District of Columbia to recover a liquidated debt on which interest is payable by contract or by law or usage the judgment for the plaintiff shall include interest on the principal debt from the time when it was due and payable, at the rate fixed by contract, if any, until paid. D.C. Code § 15-108.
In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only. In an action to recover damage for a wrong the judgment for the plaintiff shall bear interest. D.C. Code § 15-109. The rate of interest is 70% of the rate of interest set by the Secretary of the Treasury pursuant to § 6621 of the Internal Revenue Code of 1986 for underpayments and overpayments of tax to the Internal Revenue Service, rounded to the nearest full percent, or if exactly 1/2 of 1%, increased to the nearest full percent. D.C. Code § 28-3302.
Florida Procedural Requirements
Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment or other appropriate process or proceedings. Fla. R. Civil. P. 1.570. In aid of a judgment, decree or execution the judgment creditor may obtain discovery from any person, including the judgment debtor, in the manner provided in the Rules of Civil Procedure. Fla. R. Civil. P. 1.560.
Executions on judgments shall issue during the life of the judgment on oral request of the party entitled to it or his attorney without praecipe. No execution or other final process shall issue until the judgment on which it is based has been recorded nor within the time for serving a motion for new trial or rehearing and if a motion for new trial or rehearing is timely served, until it is determined; provided execution or other final process may be issued on special order of the court at any time after judgment. Fla. R. Civil. P. 1.550.
Every person who has sued to recover a debt or has recovered judgment in any court against any person, natural or corporate, has a right to a writ of garnishment to subject any debt due to defendant by a third person. Fla. Statute. Ann. _ 77.01. After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, his agent or attorney, shall file a motion Statuting the amount of the judgment and that movant does not believe that defendant has in his possession visible property on which a levy can be made sufficient to satisfy the judgment. The motion may be filed and the writ issued either before or after the return of execution. Fla. Statute. Ann. _ 77.03.
The writ shall require the garnishee to serve an answer to it on plaintiff within twenty days after service Statuting whether he is indebted to defendant at the time of answer, or was indebted at the time of service of the writ, or at any time between such times; and in what sum and what tangible or intangible personal property of the defendant he has in his possession or control at the time of his answer, or had at the time of the service of the writ, or at any time in between such times; and whether he knows of any other person indebted to defendant, or who may have any of the property of defendant in his possession or control. The writ shall Statutee the amount of the judgment. Fla. Statute. Ann. _ 77.04.
Within 5 days after service of the garnishee’s answer on the plaintiff or after the time period for the garnishee’s answer has expired, the plaintiff shall serve on the judgment debtor, by mail, the following documents: a copy of the writ, a copy of the answer, a notice, and a certificate of service. The notice shall advise the judgment debtor that he must move to dissolve the writ within the time period set forth in _ 77.07(2) [20 days] or be defaulted and that he may have exemptions from the garnishment which must be asserted as a defense. The plaintiff shall serve these documents on the judgment debtor at his last known address and any other address disclosed by the garnishee’s answer. The plaintiff must also serve these documents on any other person disclosed in the garnishee’s answer to have any ownership interest in the deposit, account, or property controlled by the garnishee. The plaintiff shall file in the proceeding a certificate of such service. Fla. Statute. Ann. _ 77.055.
Service of the writ shall make the garnishee liable for all debts due by him to the defendant and for any tangible or intangible personal property of the defendant in his possession or control at the time of service of the writ or at any time between the service and the time of his answer. The garnishee shall report in his answer and retain any deposit, account, or tangible or intangible personal property in the possession or control of such garnishee; and the answer shall Statutee the name or names and addresses, if known to the garnishee, of the defendant and any other persons having or appearing to have an ownership interest in the involved property. Fla. Statute. Ann. _ 77.06.
Before issuance of any writ of garnishment, the party applying for it shall deposit $100 in the registry of the court which shall be paid to garnishee on his demand at any time after the service of the writ for the payment or part payment of his attorney’s fee which he expends, or agrees to expend, in obtaining representation in response to the writ. At the time of deposit, the clerk shall collect the Statutory fee provided by _ 28.24(13) [service charge for receiving money into the registry of the court equal to 2% of the first $500 plus 1% of each subsequent $100] in addition to the $100 deposited into the registry of the court.
On rendering final judgment, the court shall determine the garnishee’s costs and expenses, including a reasonable attorney’s fee, and in the event of a judgment in favor of the plaintiff, the amount shall be subject to offset by the garnishee against the defendant whose property or debt owing is being garnished. In addition, the court shall tax the garnishee’s costs and expenses as costs. Plaintiff may recover in this manner the sum advanced by him and paid into the registry of court, and if the amount allowed by the court is greater than the amount of the deposit, judgment for garnishee shall be entered against the party against whom the costs are taxed for the deficiency. Fla. Statute. Ann. _ 77.28.
Interest Rate at which Judgments Accrue On December 1 of each year, the Comptroller of the Statutee of Florida shall set the rate of interest that shall be payable on judgments or decrees for the year beginning January 1 by averaging the discount rate of the Federal Reserve Bank of New York for the preceding year, then adding 500 basis points to the averaged federal discount rate. This process shall not affect a rate of interest established by written contract or obligation. Fla. Statute. Ann. _ 55.03. Applicable Forms Fla. R. Civil. P., Form 1.907.
Georgia Procedural Requirements
In all cases where a money judgment shall have been obtained, the plaintiff shall be entitled to the process of garnishment. Georgia. Code Ann. _ 18460. The plaintiff, the plaintiff’s attorney at law, or the plaintiff’s agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court which rendered the judgment, and the case number thereof. on the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affidavit shall first be made and approved in one of the following ways: The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed. The affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based. The affidavit may made before and approved by a judge of any court of record. The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided the affidavit is then submitted by mail or in person to any judge of a court of record and is approved by him. The affidavit may be made before the clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such rules. Georgia. Code Ann. _ 18461.
The summons of garnishment shall be directed to the garnishee, commanding him to file an answer Statuting what money or other property is subject to garnishment. on the affidavit and summons being delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his duty to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the affidavit to the court. If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution then the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons. If the defendant does have an active account with, or is the owner of any money or property in the possession of, the bank or financial institution then the garnishee must file an answer no sooner than 30 days and no later than 45 days after the service of the summons and must be accompanied by the money or other property subject to garnishment. Georgia. Code Ann. _ 18462.
In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment and of the issuance of an additional summons of garnishment on such affidavit when no notice has been given to the defendant within 90 days immediately preceding the issuance of such additional summons, using any one of the methods contained in __ 18464 or 9114.
No money or other property delivered to the court by the garnishee shall be distributed; nor shall any judgment be rendered against the garnishee until after the expiration of ten days from the date of compliance with at least one method of notification. Georgia. Code Ann. 18464. The garnishee shall be entitled to his actual reasonable expenses, including attorney’s fees, in making a true answer of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases.
The garnishee may deduct $25 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50, as reasonable attorney’s fees or expenses. If the garnishee can show that his actual attorney’s fees or expenses exceed the above amount, he must petition the court for a hearing at the time of making his answer without deducting from the amount paid into court. on hearing from the parties, the court may enter an order for the payment of actual attorney’s fees or expenses proven by the garnishee to have been incurred reasonably in making his answer. Georgia. Code Ann. _ 18497.
Interest Rate at which Judgments Accrue All judgments shall bear interest upon the principal amount recovered at the rate of 12 percent per year unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such contract or obligation. Georgia. Code Ann. _ 7412. Applicable Forms Georgia. Code Ann. _ 18466.
Hawaii Procedural Requirements
In any action brought by a creditor against a debtor, the creditor may, after judgment rendered in the creditor’s favor, request the court to summon any garnishee to appear personally, upon a day appointed in the summons for hearing the cause as against the garnishee, and make full disclosure. Alias summons shall also be issued and served upon the garnishee in any of the manners described under _ 6522.5 [1].
At the time of service, any and every element of any garnishee fund [2] then in the hands of the garnishee shall be there secured to pay the judgment already recovered and may not otherwise be disposed of by the garnishee. If any party named in the process as garnishee is a corporation, firm, or person having places of business in more than one judicial circuit or district in the Statutee, the service of process upon the garnishee shall operate only to secure the garnishee fund within the circuit, circuits, or district in which the process is served. Haw. Rev. Statute. _ 6521.
In all cases in which the garnishee is summoned after judgment, the garnishee fund, or such part thereof as may be sufficient for that purpose, shall be liable to pay the judgment. The plaintiff on praying out execution shall be entitled to have included in the execution an order directing the officer serving the same to make demand of the garnishee for the debt or wages secured in his hands or the moneys held by him for safekeeping. Haw. Rev. Statute. _ 6522.
Whenever any person summoned as a garnishee may be desirous of so doing, the person may apply to the district judge or any judge of the court from which the summons may have issued, and the judge having caused reasonable notice to be given to the plaintiff in the action, shall proceed to take the deposition of the person thus summoned, and make such orders as may be proper in the premises, at any time previous to the date appointed for hearing the cause, and the person summoned as garnishee, shall be taken to have obeyed the summons. Haw. Rev. Statute. _ 6529.
Section 6529 shall be printed or written conspicuously on every summons issuing out of any court of the Statutee which is intended to be served on any alleged attorney, factor, trustee, or debtor of a defendant in any action. Haw. Rev. Statute. _ 65211. Every garnishee shall be allowed $3 in cases in the circuit courts and $1 in cases in the district courts for filing a return on or before the return day or for appearance on the return day, as the case may be, and, in special or exceptional cases in which the court may deem proper, such further sums as the court may deem reasonable for counsel fees and other necessary expenses. The allowance for return or appearance of the garnishee shall be deposited with the clerk of the court in order to hold for the garnishee and shall be paid to the garnishee when the garnishee makes the garnishee’s return and files the same in court or when the garnishee makes the garnishee’s appearance in court.
The garnishee, if discharged, may collect from the plaintiff on execution any unpaid allowances or, if held, may retain the same out of goods, effects, or credits of the defendant in the garnishee’s hands. As between the plaintiff and defendant, if the garnishee is discharged, the costs of the garnishment proceeding, including $1 for each copy of summons and $1 for each service of summons, shall be taxed against the plaintiff; but, if the garnishee is held, such costs and all such allowances as have been paid by the plaintiff to the garnishee shall be taxed against the defendant. Haw. Rev. Statute. _ 65213.
Interest Rate at which Judgments AccrueAt the rate of ten percent a year, and no more, shall be allowed on any judgment recovered before any court in the Statutee, in any civil suit. Haw. Rev. Statute. _ 4782. Applicable Forms 1 Service of the copy upon the garnishee may be made in any of the manners here described, namely:
(1) If the garnishee lives or has an office in the district in which process is issued, by the serving officer’s handing a copy to the garnishee in person or leaving it in the garnishee’s office in charge of some deputy or clerk or other employees or attache of the office; or
(2) If the garnishee lives in a district other than that in which the process was issued, by the serving officer’s handing a copy to the garnishee in person, or by mailing it in a sealed envelope, registered or certified, postage prepaid, return receipt requested, and addressed to the garnishee’s last known home or business address. Haw. Rev. Statute. _ 6522.5. 2
The term “garnishee fund” includes the goods and effects of the defendant then in the hands of the garnishee, any debt then owing from the garnishee to the defendant, moneys of the defendant then in the possession of the garnishee for safekeeping, and a portion of the defendant’s wages, salary, stipend, commissions, annuity, or net income under a trust, remaining after the deduction of any amounts required by law. Haw. Rev. Statute. _ 6521.
Idaho Procedural Requirements
on receiving information in writing from the plaintiff or his attorney, that any person or corporation, public or private, has in his possession or control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the sheriff shall serve upon any such person, or corporation identified in the plaintiff’s written directions all of the following documents: a copy of the writ; a notice that such credits, or other property, or debts, as the case may be, are attached in pursuance of such writ; a notice of exemptions available under federal and Statutee law; instructions to debtors and third parties for asserting a claim of exemption; and a form for making a claim of exemption. The documents specified in 3 through 5 shall be in a form substantially similar to the form provided in _ 8507C.
No service of any writ of attachment, nor of execution, nor any garnishment, shall be made on any banking or trust corporation operating branch banks or more than one office where deposits are received, except by delivery of copies of the writs, notices and/or other papers required in other cases, to one of the officers or managing agents of such corporation employed in and at, and in charge of some particular office or branch of said corporation, and being so made, such writ or garnishment shall be valid and effective only as to moneys to the defendant’s credit in that particular office or branch and as to other personal property belonging to the defendant held in the possession or control of the officers or managing agents of said corporation employed in and at, and in charge of such office or branch. Idaho Code Ann. _ 8 507.
If service is upon a bank or other depository institution, within one business day, the sheriff shall hand deliver or mail to the defendant and any third party named in plaintiff’s written directions as a co-owner or having an interest in the property or money to be levied upon, one copy of all the documents specified in _ 8507. The plaintiff shall identify in the plaintiff’s written directions the last known mailing address of the defendant and any third party to be served. Idaho Code Ann. _ 8507A.
If the writ and notice of garnishment are served upon a bank or other depository institution holding money or accounts belonging to the defendant, the garnishee shall within one business day after such service, mail or hand deliver a copy of all documents served upon it by the sheriff to: the defendant at the address to which account Statuteements or other pertinent account documentation are normally sent, or if the money is not in an account, to the last known address of the defendant shown upon the records of the garnishee at the time of service upon it of the writ; and any other person shown upon the records of the garnishee as a co-owner or having an interest in the money or accounts garnished at the last known address of the third party shown upon the records of the garnishee at the time of service upon it of the writ. The bank or depository institutions shall be entitled to deduct a single fee of not to exceed ten dollars from the money transferred to the sheriff pursuant to the garnishment to cover the costs associated with the processing and service of the documents. The fee herein provided shall be the only fee to which the bank or depository institution is entitled regardless of the number of parties to which the documents are sent. Idaho Code Ann. _ 8507B.
With respect to any attachment, garnishment or execution, the plaintiff shall provide the sheriff with sufficient copies of the documents required to be served for service on the defendant and each additional party identified in the plaintiff’s written directions and shall provide an envelope addressed to each person required to be served. If the documents are to be mailed, proper postage shall be affixed. The sheriff may charge the plaintiff for the actual costs of any additional copies and postage required, which costs shall be in addition to the fees permitted under _ 313203 (sheriff’s fees). Personal service shall be accomplished in the same manner provided for service of summons under the Idaho rules of civil procedure. Provided however, the county sheriff shall have the option of accomplishing personal service by United Statutees mail with a facsimile acknowledgment of such service by the employer, in the case of garnishment. Mailing shall be by first class mail. Idaho Code Ann. _ 8507D.
Any person owing debts to the defendant, or having in his possession or under his control, any credits or other personal property belonging to the defendant, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on oath respecting the same. Idaho Code Ann. _ 8509. Written interrogatories may be delivered to the garnishee at the time of serving of the garnishment. Idaho Code Ann. _ 8511. on a copy of the interrogatories being served upon him, the garnishee shall make full and true answer to the same under oath and filed in the cause within five days thereafter. Idaho Code Ann. _ 8512.
If the answer of the garnishee be not excepted to, or denied within three days after its filing, unless the court, or judge in vacation, for good cause shown, gives longer time, it shall be taken to be true and sufficient, and if in such case any indebtedness or liability is admitted, judgment shall be rendered accordingly, and the garnishee shall be allowed a reasonable sum out of the funds or property confessed in his hands for his trouble and expense in answering. If all liability is denied, and the denial is uncontroverted, the garnishee shall be discharged at the cost of the plaintiff. In contested cases the costs shall be adjudged as in ordinary cases between plaintiff and defendant. Idaho Code Ann. _ 8515.
The sheriff must make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to the debts and credits attached, he must request, at the time of service, the party owing the debt or having the credit to give him a memorandum, Statuting the amount and description of each, and if such memorandum be refused, he must return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the cost of any proceedings taken for the purpose of obtaining information respecting the amounts and description of such debt or credit. Idaho Code Ann. _ 8524. Debts and credits may be collected by the sheriff if the same can be done without suit. Idaho Code Ann. _ 8525.
Interest Rate at which Judgments Accrue The legal rate of interest on money due on the judgment of any competent court or tribunal shall be the rate of five percent plus the base rate. The base rate shall be determined on July 1 of each year by the Idaho Statutee treasurer and shall be the weekly average yield on United Statutees treasury securities as adjusted to a constant maturity of one year and rounded up to the nearest one eighth percent. The announced base rate shall apply to all such judgments during the succeeding twelve months. Idaho Code Ann. 2822104.
Applicable Forms Written interrogatories may be in the following form: At the time of the service of the garnishment, had you in your possession, or under your control, any property, money, or effects of the defendant? If so, Statutee what property, how much, and of what value, and what money or effects? At the time of the service of the garnishment, did you owe the defendant any money, or do you owe him any now? If so, Statutee how much, on what account, and when did it become due? If not due, when will it become due? To these may be added any other proper and pertinent questions the answers to which might tend to show a liability on the part of the garnishee to the defendant. Idaho Code Ann. _ 8511. Idaho Code Ann. _ 8507C.
Illinois Procedural Requirements
on the filing by a judgment creditor of an affidavit that the applicant believes any person is indebted to the judgment debtor, other than for wages, and includes the last address of the judgment debtor known to the affiant as well as the name of the judgment debtor, the garnishment notice required by _ 12705 and written interrogatories to be answered by the garnishee with respect to the indebtedness, the clerk of the court in which the judgment was entered shall issue summons against the person named in the affidavit commanding him or her to appear in the court as garnishee and answer the interrogatories in writing under oath. The interrogatories shall require that the garnishee certify that a copy of the completed interrogatories has been mailed to the judgment debtor and shall be in a form consistent with local court rules. 735 ILCS _ 5/12701.
Summons with four copies of the interrogatories shall be served and returned as in other civil cases. The summons shall be accompanied by a copy of the underlying judgment or a certification by the clerk of the court that entered the judgment, or by the attorney for the judgment creditor, setting forth the amount of the judgment, the name of the court and the number of the case and one copy of a garnishment notice. 735 ILCS _ 5/12705.
To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order of the court any nonexempt indebtedness or other nonexempt property in his or her possession, custody or control belonging to the judgment debtor or in which the judgment debtor has any interest. The judgment or balance due thereon becomes a lien on the indebtedness and other property held by the garnishee at the time of the service of garnishment summons and remains a lien thereon pending the garnishment proceeding. The garnishee shall file a written answer under oath to the interrogatories, setting forth as of the date of service of the garnishment summons any indebtedness due or to become due to the judgment debtor and any other property in his, her or its possession, custody or control belonging to the judgment debtor or in which the judgment debtor has an interest. The garnishee shall mail, by first class mail, a copy of the answer to the judgment creditor and to the judgment debtor at the addresses specified in the affidavit or at any other address or location of the judgment debtor known to the garnishee, and shall certify in the answer that it was so mailed. 735 ILCS _ 5/12707.
No fee shall be paid by a garnishee for filing an appearance, answer or satisfaction of judgment against him or her. No fee shall be paid to a garnishee unless he or she is subpoenaed to appear as a witness, in which case he or she is entitled to witness fees as in other civil cases. Costs of obtaining the garnishment order are to be charged to the judgment debtor unless the court determines that the costs incurred by the judgment creditor were improperly incurred, in which case the costs are to be paid by the judgment creditor. 735 ILCS _ 5/12716.
Interest Rate at which Judgments Accrue Judgments recovered in any court shall draw interest at the rate of 9% per annum from date of the judgment until satisfied or 6% per annum when the judgment debtor is a unit of local government, a school district, a community college district, or any other governmental entity. When judgment is entered upon any award, report or verdict, interest shall be computed at the above rate, from the time when made or rendered to the time of entering judgment, and included in the judgment. 735 ILCS _ 5/21303. Applicable Forms Garnishment notice, 735 ILCS 5/12705.
Indiana Procedural Requirements
Proceedings supplemental to execution may be enforced by verified motion or with affidavits in the court where the judgment is rendered alleging generally: That the plaintiff owns the described judgment against the defendant; That the plaintiff has no cause to believe that levy of execution against the defendant will satisfy the judgment; That the defendant be ordered to appear before the court to answer as to his nonexempt property subject to execution or proceedings supplemental to execution or to apply any such specified or unspecified property towards satisfaction of the judgment; and If any person is named as garnishee, that garnishee has or will have specified or unspecified nonexempt property of, or an obligation owing to the judgment debtor subject to execution or proceedings supplemental to execution, and that the garnishee be ordered to appear and answer concerning the same or answer interrogatories submitted with the motion. If the court determines that the motion meets the foregoing requirements it shall, ex parte and without notice, order the judgment debtor, other named party defendants and the garnishee to appear for a hearing thereon or to answer the interrogatories attached to the motion, or both.
The motion, along with the court’s order Statuting the time for the appearance and hearing or the time for the answer to interrogatories submitted with the motion, shall be served upon the judgment debtor as provided in Rule 5, and other parties and the garnishee shall be entitled to service of process as provided in Rule 4. In aid of the judgment or execution, the judgment creditor and the judgment debtor may utilize the discovery provisions of these rules in the manner provided in these rules for discovery or as provided under the laws allowing proceedings supplemental. R. Trial P. 69.
After the issuing or return of an execution against the property of the judgment debtor and upon an affidavit that any person, corporation, municipal or otherwise, the Statutee or any subdivision or agency thereof has property of such judgment debtor, or is or will be from time to time indebted to him in any amount, although the amount shall be determined from time to time as it becomes due and payable, which, together with other property claimed by him as exempt from execution, shall exceed the amount of property so exempt by law, such person, corporation, or any member thereof, or the auditor of Statutee or auditing officer of the municipal corporations, subdivisions or agencies of the Statutee, may be required to appear and answer concerning the same provided that such person or persons not be required to appear personally in court unless the judge of the court shall order the personal appearance and the court may order interrogatories to be submitted, and the same to be answered, and a copy of the order of the court ordering the interrogatories answered shall be transmitted to the person or persons by the clerk of the court, by registered mail, and on receipt of such interrogatories and such order, such person or persons shall answer such interrogatories and return the same to such clerk by registered mail or personally and such court shall have full power to compel answers thereto. Ind. Code Ann. _ 341445.
From the day of service of the summons, the garnishee shall be accountable to the plaintiff in the action for the amount of money, property or credits in his hands, or due and owing from him to the defendant. Ind. Code Ann. _ 3411121. Costs shall be awarded and taxed in supplemental proceedings as in other cases. Ind. Code Ann. _ 341448.
Interest Rate at which Judgments Accrue Interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at the rate agreed upon in the original contract sued upon, which shall not exceed an annual rate of 8% or the annual rate of 8% if there was no contract by the parties. Ind. Code Ann. _ 244.61101. Governmental entities are liable for 6% interest from date of judgment or settlement if not paid within 180 days. Ind. Code Ann. 34416.517.
Iowa Procedural Requirements
Property of the defendant in the possession of another, or debts due him, may be reached by garnishment. Iowa Code Ann. _ 626.26. When the plaintiff, in writing, directs the sheriff to take the answer of the garnishee, the sheriff shall put to the garnishee the following questions: Are you in any manner indebted to the defendant in this suit, or do you owe the defendant money or property which is not yet due? If so, Statutee the particulars. Have you in your possession or under your control any property, rights, or credits of the said defendants? If so, what is the value of the same? Statutee all particulars. Do you know of any debts owing the said defendant, whether due or not due, or any property, rights, or credits belonging to the defendant and now in the possession or under the control of others?
If so, Statutee the particulars. Do you compensate the defendant in this suit for any personal services whether denominated wages, salary, commission, bonus or otherwise, including periodic payments pursuant to a pension or retirement program? If so, Statutee the amount of the compensation reasonably anticipated to be paid defendant during the calendar year? Iowa Code Ann. _ 642.5.
If the garnishee refuses to answer fully and unequivocally all the foregoing interrogatories, the garnishee shall be notified to appear and answer, and the garnishee may be so required in any event, if the plaintiff so notifies the garnishee. Iowa Code Ann. _ 642.6. Where the garnishee is required to appear at court, unless the garnishee has refused to answer the interrogatories, the garnishee is entitled to the pay and mileage of a witness, and may, in like manner, require advance payment before any liability shall arise for nonattendance. Iowa Code Ann. _ 642.8. A garnishee may, at any time after answer, be \exonerated from further responsibility by paying over to the sheriff the amount owing by the garnishee to the defendant, or so much of said debts and property as is equal to the value of the property to be attached. Iowa Code Ann. _ 642.10.
Judgment against the garnishee shall not be entered until the principal defendant has had ten days notice of the garnishment proceedings, to be served in the same manner as original notices. The garnishee shall Statutee in answer to the service of notice of garnishment whether or not service of notice was delivered to the defendant. The notice required by this section shall contain the full text of _ 630.3A. Iowa Code Ann. _ 642.14.
A notice of garnishment served upon a garnishee is effective without serving another notice until the earliest of the following: The annual maximum permitted to be garnished under _ 642.21 has been withheld. The writ of execution expires. The judgment is satisfied. The garnishee is served with a notice that the garnishment shall cease. A supervised financial organization which is garnished for an account of a defendant, after paying the sheriff any amounts then in the account, shall monitor the account for any additional amounts at least monthly while the garnishment notice is effective. Expiration of the execution does not affect a garnishee’s duties and liabilities respecting property already withheld pursuant to the garnishment. Iowa Code Ann. _ 642.22.
Interest Rate at which Judgment Accrue Interest shall be allowed on all money due on judgments and decrees of courts at the rate of ten percent per year, unless a different rate is fixed by the contract on which the judgment or decree is rendered, in which case the judgment or decree shall draw interest at the rate expressed in the contract, not exceeding the maximum applicable rate permitted by the provisions of _ 535.2, which rate must be expressed in the judgment or decree. The interest shall accrue from the date of the commencement of the action. Iowa Code Ann. _ 535.3. Note: Section 668.13 applies to interest on judgments based on a tort liability involving comparative fault. Applicable Forms Iowa Code Ann. _ 630.3A
Kansas Procedural Requirements
As an aid to the enforcement of a judgment, an order of garnishment may be obtained and shall be issued by the clerk of the court from which execution is issuable, either in connection with an execution or independently thereof as designated by the written direction of the party entitled to enforce the judgment. Such written direction shall designate whether the order of garnishment is to be issued for the purpose of attaching earnings or for the purpose of attaching other property of the judgment debtor. Kan. Statute. Ann. _ 60716.
The order of garnishment shall be served on the garnishee, together with two copies of the form for the garnishee’s answer prescribed by _ 60718 and returned by the officer making service in the same manner as an order of attachment. An order of garnishment issued to attach any property, funds, credits or other indebtedness belonging to or owing the defendant, other than for earnings, shall attach (1) all such property of the defendant which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the defendant at the time of service of the order and (2) all such property coming into the possession or control of the garnishee and belonging to the defendant, and all such credits and indebtedness becoming due to the defendant between the time of the serving of the order of garnishment and the time of the signing of the answer of the garnishee. Kan. Statute. Ann. _ 60717.
The written direction of a party seeking an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall Statutee the amount to be withheld, which shall be 1 1/2 time the amount of judgment. All orders of garnishment issued in this Statutee for the purpose of attaching funds, credits or indebtedness held by a financial institution shall specify the amount of funds, credits or indebtedness to be withheld by the garnishee, which shall be 1 1/2 time the amount of the judgment as Statuteed in the written direction of the party seeking the order.
The forms provided by law shall contain the Statuteements included in paragraphs (c) and (d). If the garnishee hold funds or credits or is indebted to the defendant in two or more accounts, the garnishee may withhold payment of the amount attached from any one or more of such accounts. No party shall seek an order of garnishment attaching fund, credits, or indebtedness held by a financial institution except on good faith belief of the party seeking the garnishment that the party to be served with the garnishment order has, or will have assets of the judgment debtor.
Except as ordered by a judge, not more than two garnishments shall be issued by a party seeking an order of garnishment applicable to the same claim or claims and against the same judgment debtor in any 30-day period. Kan. Statute. Ann. _ 60726. Note: Rules vary slightly for “limited actions” (actions where the amount in controversy or otherwise claimed as damages, excluding costs and interest, does not exceed $5,000.). See Chapter 61 (Kan. Statute. Ann. _ 61101, et seq.).
Interest Rate at which Judgments Accrue Judgments bear interest at 8% until July 1, 1980. Judgments rendered or unpaid thereafter bear interest at 12% until July 1, 1982. Judgments rendered or unpaid thereafter and before July 1, 1986 bear interest at 15%. After July 1, 1986, post judgment rate will be 4% above federal discount rate as of July 1 preceding date of judgment.
The rate of interest on judgments rendered pursuant to the code of civil procedure for limited actions shall be 12% per annum. Kan. Statute. Ann. 16204. Where judgment founded on contract specifying different rate, contract rate controls. Kan. Statute. Ann. 16205. Applicable Forms Kan. Statute. Ann. _ 60717. Kan. Statute. Ann. _ 60718. Kan. Statute. Ann. _ 60726(c) & (d)
Kentucky Procedural Requirements
After entry of final judgment in personam against debtor, judgment creditor may file affidavit signed by him or his agent or attorney in the office of the clerk of the court in which judgment was entered showing date of judgment, amount due thereon, that one or more persons hold property belonging to or are indebted to the judgment debtor and obtain order of garnishment to be served upon garnishee in accordance with the rules of civil procedure.
The order of garnishment shall be served on the persons named as garnishees, and in addition a copy thereof shall be delivered by the garnishee to the judgment debtor or mailed to him at his last known address. Subsequent orders of garnishment against the same or other garnishees may be issued in the same manner until the judgment is satisfied. The order of garnishment shall be served in accordance with the Rules of Civil Procedure. It shall summon the garnishees to answer in the action in the manner and at the time required for an answer by the Rules of Civil Procedure, and to make due return thereof. Ky. Rev. Statute. Ann. 425.501.
The garnishee may pay the money owing to the defendant by him, not exceeding the plaintiff’s claim and costs, to the sheriff having in his hands the order of attachment, or into the court or to such person as the court may direct in accordance with the Rules of Civil Procedure; and to that extent he shall be discharged from liability to the defendant. He shall not be subjected to costs beyond those caused by his resistance of the claim against him; and, if he discloses the property of the defendant in his hands, or the true sum owing by him, and delivers or pays the same to the sheriff, or according to the order of the court, he shall be allowed his costs. Ky. Rev. Statute. Ann. _ 425.516.
Each garnishee summoned shall appear in person or by affidavit served and filed as above set out disclosing any sums, whether due or not, owed defendant and any property of defendant in control or in possession of garnishee. If garnishee defaults, court may compel appearance for examination by process of contempt or it may hear proof of debt owing or property held by garnishee and make order in relation thereto as if what is so proved had appeared on examination of garnishee. Ky. Rev. Statute. Ann. 425.511.
Interest Rate at which Judgments Accrue Interest runs on judgments at rate of 12% compounded annually from its date, but judgment for accruing interest on written obligation bears interest according to instrument, whether higher or lower than 12%. Ky. Rev. Statute. Ann. 360.040.
Louisiana Procedural Requirements
A judgment for the payment of money may be executed by a writ of fieri facias directing the seizure and sale of property of the judgment debtor. La. Code Civil. Procedure. Ann. art. 2291. The judgment creditor, by petition and after issuance of a writ of fieri facias, may cause a third person to be cited as a garnishee to declare under oath what property he has in his possession or under his control belonging to the judgment debtor and in what amount he is indebted to him, even though the debt may not be due. He may require the third person to answer categorically and under oath the interrogatories annexed to the petition. The seizure shall take effect upon the service of the petition, citation, and interrogatories.
A garnishment against a financial institution shall not be continuing in nature and the garnishee need only respond as to property of the judgment debtor that the garnishee has in his possession or under his control at the time the garnishment interrogatories are served upon him. When the garnishee is a bank, savings and loan association, or credit union, the garnishee may continue to pay checks and drafts drawn on the judgment debtor’s deposit accounts maintained with the garnishee that are presented for payment in the ordinary course of business on the day garnishment interrogatories are served upon the garnishee or on the next business day thereafter, without incurring any liability or obligation in favor of the judgment creditor or any third party. La. Code Civil. Procedure. Ann. art. 2411.
The sheriff shall serve upon the garnishee the citation and a copy of the petition and of the interrogatories, together with a notice that a seizure is thereby effected against any property of or indebtedness to the judgment debtor. Service shall be in the manner provided for service of citation, except that if the garnishee is an individual, service must be personal. The garnishee shall file his sworn answers to the interrogatories within fifteen days from the date of service. La. Code Civil. Procedure. Ann. art. 2412.
Interest Rate at which Judgments Accrue The legal rate of interest between Sept. 11, 1981 and Jan. 1, 1988, is 12%. Thereafter, the legal rate of interest is one point over average prime as defined and as calculated Oct. 1 of each year, subject always to a cap of 14% and floor of 7%. La. Civil. Code Ann. art. 2924.
Legal interest attaches from date of judicial demand on all judgments sounding in damages “ex delicto.” La. Rev. Statute. Ann. 13:4203. Legal interest on any claim for personal injury or wrongful death against the Statutee or its political subdivisions shall accrue at six percent per annum from the date of service is requested following judicial demand until the judgment thereon is signed by the trial judge.
Legal interest accruing subsequent to the signing of the judgment shall be at the rate as detailed above. La. Rev. Statute. Ann. 13:5112. When the object of the performance is a sum of money, damages for delay in performance are measured by the interest on that sum from the time it is due, at the rate agreed by the parties or, in the absence of agreement, at the rate of legal interest. La. Civil. Code Ann. art. 2000.
Maine Procedural Requirements
on a disclosure hearing when it is shown that there is a reasonable likelihood that a third party has possession or control of property in which the judgment debtor may have an interest or that the third party may be indebted to the judgment debtor for other than earnings, the court, upon request of the judgment creditor, may approve the service on the third party of an order to hold and answer.
The order to hold and answer shall Statutee the amount owed on the judgment debt and shall set forth the specific property of the judgment debtor alleged to be in the possession of the third party, as well as any specific debt other than earnings, alleged to be owed to the judgment debtor. The order shall demand an answer under oath from the third party listing all property in the possession of the third party in which the judgment debtor has an interest and listing all debts owed by the third party to the judgment debtor, as of the date and time the order is served. The order to hold and answer shall Statutee the consequences of the failure of the third party to answer.
An order to hold and answer shall be served on the third party and the judgment debtor within 20 days of the date of the order. An answer form shall be supplied to the third party with the order. Unless the judgment debtor or judgment creditor requests a hearing within 20 days of the filing of the answer of the third party, the property or debt listed shall be subject to any turnover, sale, or lien order. Likewise, if after the requested hearing, the court is satisfied as to the existence and extent of the nonexempt property or of any nonexempt money debt, it shall make either a turnover, sale, or lien order. Me. Rev. Statute. Ann. tit. 14, _ 3127A.
Generally service may be made either personally or by first class mail, postage prepaid, and including a return envelope, postage prepaid, addressed to sender. Me. R. Civil. P. 4.
Interest Rate at which Judgments Accrue Interest After judgment equals 15% for cases in which damages claimed or awarded do not exceed the $30,000 District Court jurisdictional limit. For other actions, interest equals the coupon issue yield equivalent of the average accepted auction price for the last auction of 52 week Treasury bills settled immediately prior to the date from which interest is calculated, plus 7%. Me. Rev. Statute. Ann. art. 14, _ 1602A.
Interest before judgment equals 8% for cases in which damages claimed or awarded do not exceed the $30,000 District Court jurisdictional limit. For other actions, prejudgment interest equals the coupon issue yield equivalent of the average accepted auction price for the last auction of 52 week Treasury bills settled immediately prior to the date from which interest is calculated, plus 1%. Me. Rev. Statute. Ann. art. 14, _ 1602.
Maryland Procedural Requirements
A judgment creditor may obtain discovery to aid enforcement of a money judgment by use of depositions, interrogatories, and requests for documents. On request of a judgment creditor, filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded may issue an order requiring the appearance for examination under oath before a judge or examiner of any person if the court is satisfied by affidavit or other proof that it is probable that the person has property of the judgment debtor, is indebted for a sum certain to the judgment debtor, or has knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor. The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in the person served being held in contempt. The order shall be served in the manner provided by Rule 2121. Maryland. R. 2633 [1].
The judgment creditor may obtain an issuance of a writ of garnishment by filing in the same action in which the judgment was entered a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee.
on the filing, the clerk shall issue a writ of garnishment directed to the garnishee. The writ of garnishment shall: contain the information in the request, the name and address of the person requesting the writ, and the date of issue, direct the garnishee to hold the property of the judgment debtor subject to further proceedings, notify the garnishee of the time within which the answer must be filed and that failure to do so may result in judgment by default against the garnishee, notify the judgment debtor and garnishee that federal and Statutee exemptions may be available, notify the judgment debtor of the right to contest the garnishment by filing a motion asserting a defense or objection.
The writ shall be served on the garnishee in the manner provided by Chapter 100 for service of process to obtain personal jurisdiction and may be served in or outside the county. Promptly after service upon the garnishee, the person making service shall mail a copy of the writ to the judgment debtor’s last known address. The judgment creditor may serve interrogatories directed to the garnishee pursuant to Rule 2421.
The interrogatories shall contain a notice that, unless answers are served within 30 days after service of the interrogatories or within the time for filing an answer to the writ, whichever is later, the garnishee may be held in contempt of court. The interrogatories shall also inform the garnishee that the garnishee must file a notice with the court pursuant to Rule 2401(c) at the time the answers are served. Maryland. R. 2645. Service of process may be made by delivery to the person or by mailing to the person by certified mail requesting: “Restricted Delivery show to whom, date, address of delivery.” Maryland. R. 2121.
Service of process may be made by a sheriff or, by a competent private person, 18 years of age or older, including an attorney of record, but not a part to the action. Maryland. R. 2123. Note: A garnishment against property held in bank, trust company, savings bank or savings and loan by husband and wife jointly is not valid unless both are judgment debtors, and garnishment against such property held by one party in trust for another is not valid unless both are judgment debtors. Maryland. Code Ann., Courts _ 11603.
Interest Rate at which Judgments Accrue Judgments and decrees generally bear interest at 10% from rendition. Money judgments for loan debt not secured by realty may carry contract rate until originally scheduled maturity date. Maryland. Code Ann., Courts __ 11106, 11107, 11301. ( These are circuit court rules only, but district court rules are nearly identical. )
Massachusetts Procedural Requirements
Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings on and in aid of execution shall be in accordance with applicable Statuteutes. In aid of the judgment or execution, the judgment creditor may obtain discovery from any person in the manner provided in the Massachusetts Rules of Civil Procedure. Mass. R. Civil. P. 69.
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions, written interrogatories, production of documents, physical and mental examinations, and requests for admissions. Mass. R. Civil. P. 26. The Statuteutes provide for both attachment and trustee process. These are traditionally prejudgment remedies to secure satisfaction of the judgment which the plaintiff may recover. It is ambiguous whether these procedures are also available to enforce a judgment.
Interest Rate at which Judgments Accrue on finding of verdict for plaintiff for pecuniary damages for personal injuries, consequential damages or damage to property, the clerk of court is required to add to damages interest thereon at 12% per year from commencement of the action. Mass. Gen. L. ch. 231, _6B.
In contract actions, the clerk is required to add to judgment for pecuniary damages interest at the contract rate, if established, and otherwise at 12% per year, from date of breach or demand, if established, and otherwise from commencement of the action. Mass. Gen. L. ch. 231, _6C. Interest at 18% may be awarded by court upon finding that defenses, setoffs or counterclaims of other party were wholly insubstantial, frivolous and not in good faith. Mass. Gen. L. ch. 231, _6F.
Judgment bears interest from day of entry thereof until payment. post judgment interest is at rate provided for prejudgment interest. Mass. Gen. L. ch. 235, _8. Applicable Forms Mass. R. Civil. P., Forms 2 & 2A.
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.
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.
Tennessee Procedural Requirements
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.
Texas Procedural Requirements
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.
Utah Procedural Requirements
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.
Vermont Procedural Requirements
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.
Virginia Procedural Requirements
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.
Washington Procedural Requirements
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.
West Virginia Procedural Requirements
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.
Wisconsin Procedural Requirements
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.
Wyoming Procedural Requirements
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.
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