12-1578. Limitations on transfers by garnishee
after service; replevin by judgment debtor
A. From and after the service of all of the documents required to be served
pursuant to section 12-1574 the garnishee shall not pay to the judgment debtor any monies
or deliver to him any personal property which is not exempt, and the garnishee, if a
corporation in which the judgment debtor is alleged to be the owner of shares or to have
an interest, shall not permit or recognize any sale or transfer of the judgment debtor's
shares or interest, if it is within the legal power of the garnishee to do so. Any such
payment, delivery, sale or transfer is void and of no effect as to so much of the monies,
personal property, shares or interest as is necessary to satisfy the judgment creditor's
demand, except that this provision shall not void or impair the rights of a bona fide
transferee, for value and without notice of the garnishment, of negotiable instruments,
documents of title, corporate stock or securities, or other documents or instruments
which embody legal rights transferable only by transfer of the documents or instruments
themselves, unless the document or instrument is held by the garnishee at the time of
service of the writ of garnishment.
B. A financial institution shall not withhold from the judgment debtor the amount
set forth as exempt pursuant to section 33-1126, subsection A, paragraph 9, unless
ordered by the court to do so after a hearing pursuant to section 12-1580.
C. The judgment debtor may at any time before judgment replevy any property
garnished by giving bond to be approved and filed in the action by the officer who issued
the writ of garnishment, in double the amount of the judgment creditor's debt, or, at the
judgment debtor's option, by giving bond for the value of the property garnished as
determined by the court, justice of the peace or city or town magistrate, and conditioned
upon the payment of any judgment that may be given against the garnishee in the action or
for payment of the value of the property garnished.
D. When the judgment debtor gives bond, he may make any defense which the garnishee
could make in such action.
E. If judgment is given in favor of the judgment creditor it shall be against the
judgment debtor and the sureties on the replevin bond for the amount of such judgment.
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