12-1593

12-1593. Contempt proceedings

A. If the judgment creditor fails to comply with any duty imposed upon him by this
article, the court shall, upon petition of any party to the proceedings affected by such
failure and after notice, hold a hearing to determine whether such failure to comply, if
any, was occasioned by mistake, inadvertence or excusable neglect. If the court
determines that any failure to comply was not the result of mistake, inadvertence or
excusable neglect, the court shall find the judgment creditor in contempt and shall award
the petitioner all of the following:

1. An amount to compensate for actual losses, if any, caused by the failure to
comply.

2. Reasonable attorney fees, if the petitioner was represented by an attorney at
such hearing.

3. Court costs.

4. An additional amount of not less than one hundred nor more than one thousand
dollars.

B. If a bank, savings and loan association or credit union refuses to keep free
from a writ of garnishment a total of one hundred fifty dollars in one or more of the
accounts subject to the writ for each judgment debtor who has an interest in the account,
or if a garnishee fails after a written notice and a thirty day grace period to comply
with the terms of a judgment or order entered pursuant to section 12-1584 or 12-1585,
unless that judgment or order is stayed or has expired, the judgment debtor may petition
the court for relief. The court shall, after notice, hold a hearing to determine if such
refusal or failure, if any, was wilful or the result of gross negligence. If the court
determines that the refusal or failure was wilful or the result of gross negligence the
court shall find the bank, savings and loan association, credit union or other garnishee
in contempt and shall award the judgment debtor all of the following:

1. An amount to compensate for actual losses, if any, caused by the refusal or
failure.

2. Reasonable attorney fees, if the judgment debtor was represented by an attorney
at such hearing.

3. Court costs. The court may award the judgment debtor an additional amount of not
to exceed four hundred dollars.

C. If a garnishee fails, after a written notice and a thirty day grace period, to
comply with the terms of a judgment or order entered pursuant to section 12-1584 or
12-1585, unless that judgment or order is stayed or has expired, the judgment creditor
may petition the court for relief. The court shall, after notice, hold a hearing to
determine if such failure, if any, was wilful or the result of gross negligence. If the
court determines that the failure was wilful or the result of gross negligence, the court
shall find the garnishee in contempt and shall award the judgment creditor all of the
following:

1. An amount to compensate for actual losses, if any, caused by the failure.

2. Reasonable attorney fees, if the judgment creditor was represented by an
attorney at such hearing.

3. Court costs. The court may award the judgment creditor an additional amount of
not to exceed four hundred dollars.

D. If after conducting a hearing required by subsection A, B or C of this section,
the court determines that a petition filed pursuant to subsection A, B or C of this
section is without merit, the court may award reasonable attorney fees to any party
adversely affected by the petition, if the party adversely affected was represented by an
attorney at such hearing.

E. A party may request the court to order the relief set forth in subsection A, B,
C or D of this section in the case which is the basis of the garnishment.

F. This section does not restrict a party from pursuing any common law remedies.