12-1585. Order regarding personal property
subject to garnishment; objection; hearing
A. If the answer shows that the garnishee was holding personal property of the
judgment debtor at the time the writ was served, and no objection to the writ or answer
is timely filed, on application by the judgment creditor the court shall enter an order
on the writ against the garnishee to hold the nonexempt personal property of the judgment
debtor held by the garnishee when the writ was served pending service of a writ of
special execution pursuant to section 12-1554.
B. If a timely objection is filed the court, after hearing evidence and argument,
shall determine whether the writ is valid against the judgment debtor, what amount is
presently due and owing on the underlying judgment and what amount of nonexempt personal
property of the judgment debtor, if any, the garnishee was holding at the time the writ
was served, and the court shall enter an order on the writ against the garnishee to hold
the nonexempt personal property or enter an order discharging the garnishee if no
nonexempt personal property is determined to be held by the garnishee.
C. The judgment creditor shall deliver a copy of the order on the writ to the
garnishee and the judgment debtor.
D. An order entered pursuant to subsection A or B of this section shall not order
more property held than is reasonably necessary to satisfy the amount of the outstanding
balance of the underlying judgment, together with accrued interest and costs and attorney
fees, if awarded.
E. An order entered pursuant to subsection A or B of this section shall order the
garnishee to hold the adjudged nonexempt personal property from the judgment debtor and
to deliver the property to the sheriff or any constable presenting a writ of general
execution or special execution based on the underlying judgment. The court may order the
judgment debtor or the garnishee, or both, to execute and deliver to the sheriff or
constable such instruments or documents as are within the legal power of the judgment
debtor or garnishee to execute and to deliver. To effectuate the execution and delivery,
the court may order a garnishee corporation to issue and deliver unissued stock or
securities of the corporation owned by the judgment debtor.
F. If no writ of special execution is served on the garnishee by the sheriff or
constable within ninety days after the entry of the order pursuant to subsection A or B
of this section, the order on the writ expires, the garnishee has no further obligation
on the writ and the garnishee is no longer restricted from transferring the nonexempt
personal property to the judgment debtor.
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