• Instructions for Writ of Garnishment

  • For the Judgment Debtor (Defendant):

  • 1. Read the Notice of Garnishment and Exemptions Form.

    2. Determine whether you qualify for any exemptions.

    3. If you want to claim an exemption, challenge the Garnishee's answers to the interrogatories, challenge the issuance of the Writ, or claim an off-set for a debt owed to you by the creditor, Fill out and file and serve appropriate copies of the Reply and Request for Hearing Form.

    4. Attend any hearings scheduled.

  • For the Garnishee (Bank or Employer):

  • 1. Read the Writ of Garnishment and Instructions.

    2. Complete the Answers to the Interrogatories Form.

    3. Employers, you can visit our website at www.primus.law/Garnishments and fill out the Interrogatories online.  This form will also assist you in making calculations and determining the amount to withhold.

    4. Withhold from the defendant the property shown by your answers to be subject to the garnishment.

    5. File and serve your Answers to the Interrogatories and other forms.

    6. Withhold the property for 20 calendar days unless you are a government entity, in which case you are not required to hold the funds in escrow.

    7. If you receive a Reply and Request for Hearing form, continue to hold the property until instructed by the court.

    8. If you do not receive a Reply and Request for Hearing form, deliver the funds you are holding to Plaintiff's attorney.

    9. You must attend any hearing for which you are subpoenaed.  You may attend other hearings that are scheduled if you wish.

    10. Prior to submitting your final answer to the Garnishment, contact Plaintiff's attorney for an updated balance that reflects post-judgment interest accrued.

  • Additional Information for Employers for a Writ of Continuing Garnishment

  • 1. The Writ of Garnishment is effective for:

    • one year from the date it is served or from the date it is implemented (in the case of multiple Writs); or
    • until the amount as shown on the Writ of Execution is paid in full.

    2. If you are served with a subsequent Writ of Garnishment, you must continue the current garnishment for 120 days at which time the subsequent Writ of Garnishment will go into effect.

    3. Do not send money to the court.  All funds should be sent directly to Plaintiff's attorney.

     

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