12-1583

12-1583. Judgment by default against
garnishee

If a garnishee fails to answer within the time specified in the writ, the judgment
creditor for whom the writ has been issued may petition the court for the issuance of an
order requiring the garnishee to appear before the court at a time and place specified in
the order to answer the writ or to file and serve a copy of the answer on the judgment
creditor for whom the writ has been issued, or on his attorney if the party is
represented by counsel, at least five days before the appearance date. If the garnishee
fails to appear or file and serve the answer after the service of the order requiring the
appearance in person or answer upon the garnishee, the court may, after judgment has been
rendered against the judgment debtor, render judgment by default against the garnishee
for the full amount of the judgment against the judgment debtor. The court may award a
reasonable attorney's fee to the judgment creditor for whom the writ was issued and
against the garnishee if the writ was not answered within the time specified in the writ
and a petition requiring the garnishee to appear or answer was filed as provided in this
section.