12-1580. Objection to garnishment or answer;
hearing
A. A party who has an objection to the writ of garnishment, the answer of the
garnishee or the amount held by the garnishee or a party claiming an exemption from
garnishment may, not later than ten days after the receipt of the answer, file a written
objection and request for hearing. Copies of the objection shall be delivered to all
parties to the writ at the time of filing the request for hearing form.
B. The hearing on an objection to the writ, answer or amount on a claim of
exemption shall be commenced within five days of the request, not including weekends and
holidays, but may be continued for good cause on terms the court deems appropriate after
due consideration of the importance of the judgment debtor's rights and the need for a
speedy determination. Good cause includes a situation in which the objection raised at
the hearing is different from that set forth in the request for hearing. However, in no
event shall the hearing be held later than ten days from the date of the request unless
the request for a continuance is made by the judgment debtor.
C. A party requesting a hearing pursuant to this section is required to state the
grounds for his objection in writing, but the objecting party is not limited to those
written objections at the hearing conducted pursuant to this section.
D. The court shall notify the parties of the date and time of the hearing at least
two days, not including weekends and holidays, before the date of the hearing.
E. The prevailing party may be awarded costs and attorney fees in a reasonable
amount determined by the court. The award shall not be assessed against nor is it
chargeable to the judgment debtor, unless the judgment debtor is found to have objected
to the writ solely for the purpose of delay or to harass the judgment creditor.
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