13-818. Order on writ of garnishment for money
or property
A. If the garnishee's answer shows that the garnishee holds indebtedness or monies
of the defendant, the court shall enter an order of criminal garnishment that requires
the garnishee to immediately transfer the indebtedness or monies to the victim or to the
court, the clerk of the court or the prosecuting attorney who is named in the writ of
garnishment.
B. If the garnishee's answer shows that the garnishee holds personal property or
stock of the defendant, the court shall enter an order against the garnishee to hold the
personal property or stock of the defendant pending service of a writ of special
execution pursuant to section 12-1554.
C. The party who obtains the writ of garnishment shall deliver a copy of the order
on the writ to the garnishee and the defendant.
D. An order that is entered pursuant to subsection A or B of this section shall not
order more money, stocks or property transferred than is reasonably necessary to satisfy
the amount of the outstanding balance of the underlying criminal restitution order.
E. A bank deposit made in the name of two or more persons is subject to garnishment
pursuant to section 12-1595, except that "judgment creditor" includes a victim or the
court, the clerk of the court or the prosecuting attorney that obtains the writ of
garnishment and "judgment debtor" includes a criminal defendant.
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