NON-EARNINGS GARNISHMENT INSTRUCTIONS - Page 1 GARNISHMENT PROCEEDINGS FOR LITIGANTS NOT REPRESENTED BY AN ATTORNEY
NON-EARNINGS GARNISHMENT INSTRUCTIONS - Page 1
GARNISHMENT PROCEEDINGS
FOR LITIGANTS NOT REPRESENTED BY AN ATTORNEY
NON-WAGE GARNISHMENTS
A GARNISHMENT CANNOT BE ISSUED BEFORE 10 BUSINESS DAYS
FOLLOWING THE DATE OF JUDGMENT. THIS IS THE AMOUNT OF TIME THE
JUDGMENT DEBTOR HAS TO FILE AN APPEAL.
NON-WAGE GARNISHMENT: You must fill out the forms before filing with the Clerk.
Information you will need includes case title, case number, names and addresses of all
parties, including the garnishee (usually a bank). It may be helpful to refer to the list of
terms at the end of this document.
There is a $5.00 fee, payable to the Sheriff where the papers are to be served.
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File with the Clerk of the District Court:
Form #1 - Request for Garnishment
1 original
Form #2 - Order of Garnishment
1 original and 1 copy
Form #3 - Answer of Garnishee
1 original and 2 copies
Form #4 - Instructions to Garnishee
1 original
The Clerk of the District Court will issue the garnishment papers to whomever you
indicated on your Request for Garnishment (usually the sheriff). The person delivering
the papers to the garnishee must file a return with the Clerk, indicating when and how
service was made. The Clerk of District Court will send a copy to you.
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When you receive the Return of Service that says the garnishee was
served, you must mail by first class mail to the judgment debtor the
following documents:
Form #5 - Notice to the Judgment Debtor
Form #6 - Request for Hearing
Form #7 - Certificate of Service
The garnishee should file an answer with the Clerk of the District Court within 10 days
of service of the order of garnishment. The Clerk of the District Court will send you and
the judgment debtor a copy of the answer of garnishee.
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No sooner than 10 business days following the filing of the answer of
garnishee you should complete and present to the Clerk of the District
Court:
NON-EARNINGS GARNISHMENT INSTRUCTIONS - Page 2
Form #11 - Order to Pay Money Into Court
After the judge signs the Order to Pay, the Clerk of the District Court shall issue a copy
to the garnishee. The garnishee will then send the money to the Clerk of the District
Court, who will forward it to you.
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When the judgment has been paid in full, please file:
Form #10 - Satisfaction of Judgment
FORM PACKET ATTACHED:
1. Request for Garnishment
2. Order of Garnishment w/return
3. Answer of Garnishee
4. Instructions to Garnishee
5. Notice to the Judgment Debtor
6. Request for Hearing
7. Certificate of Service
8. Release of Garnishment
9. Accounting Form
10. Satisfaction of Judgment
11. Order to Pay
TERMS:
Judgment Creditor - person to whom money is owed
Judgment Debtor - person who owes money
Litigant - person who is participating in a legal action
Clerk - Clerk of the District Court
Garnishee - person, company or bank who holds money belonging to the
judgment debtor
YOU MUST KEEP AN ACCOUNTING OF MONEY RECEIVED, INTEREST
ACCRUED AND BALANCE DUE. The Court may require you to produce your
records in the event that an objections is filed to the garnishment or Answer of
Garnishee. A sample accounting form is attached for your convenience. (Form 9)