CHAPTER 4 - GARNISHMENT PROCEEDINGS
- ARTICLE 1 - GENERAL PROVISIONS
- § 18-4-1 - Practice and procedure generally
- § 18-4-2 - Discovery
- § 18-4-3 - Amendment of affidavits, bonds, or pleadings
- § 18-4-4 - Judge to perform functions of clerk where court has no clerk
- § 18-4-5 - Challenge to sufficiency of bond; requiring of additional security; discharge of original surety
- § 18-4-6 - Issuance of release of garnishment
- § 18-4-7 - Discharge of employee subject to garnishment
- ARTICLE 2 - PROPERTY AND PERSONS SUBJECT TO GARNISHMENT
- § 18-4-20 - Property subject to garnishment generally; claim amount and defendant's social security number on summons; information to be contained on summons of garnishment upon financial institutio
- § 18-4-21 - Garnishment of salaries of officials and employees of state and its subdivisions; exemption; summons
- § 18-4-22 - Exemption of pension or retirement funds or benefits
- § 18-4-22.1 - Garnishment of funds or benefits of pension, retirement, or employee benefit plans and programs which are subject to the Employee Retirement Income Security Act of 1974
- § 18-4-23 - Manner of service of summons of garnishment on corporations
- ARTICLE 3 - PREJUDGMENT GARNISHMENT PROCEEDINGS GENERALLY
- § 18-4-40 - Grounds for issuance of writ of garnishment prior to judgment
- § 18-4-41 - Application to judge for writ; contents
- § 18-4-42 - Entry of order by judge authorizing garnishment prior to judgment; issuance of summons of garnishment pursuant to order by clerk of court generally
- § 18-4-43 - Bond required prior to issuance of summons of garnishment; amount; presentation of bond to clerk of court for approval
- § 18-4-44 - Service of order and summons of garnishment on defendant
- § 18-4-45 - Traverse of affidavit of plaintiff by defendant; show cause order; revocation of order upon failure of plaintiff to prove grounds
- § 18-4-46 - Personal earnings of defendant not subject to garnishment prior to judgment; statement of substance of Code section to appear on summons of garnishment
- § 18-4-47 - Funds and property paid into court or subject to garnishment to be held by clerk pending judgment; exception
- § 18-4-48 - Proceedings subsequent to final judgment in action upon which garnishment summons issued generally; final judgment required
- ARTICLE 4 - POSTJUDGMENT GARNISHMENT PROCEEDINGS GENERALLY
- § 18-4-60 - Right to writ of garnishment after judgment
- § 18-4-61 - Affidavit for issuance of summons of garnishment; making and approval of affidavit
- § 18-4-62 - Contents and service of summons of garnishment; requirements as to filing of answer to summons
- § 18-4-63 - Issue of additional summons of garnishment; dismissal of garnishment proceedings upon nonissuance of summons
- § 18-4-64 - Service of copy of summons of garnishment upon defendant; notice of filing and issuance of summons of garnishment; time for distribution
- § 18-4-65 - Issues defendant may raise by traverse of plaintiff's affidavit
- § 18-4-66 - Forms for postjudgment garnishment
- ARTICLE 5 - ANSWER BY GARNISHEE AND SUBSEQUENT PROCEEDINGS
- § 18-4-80 - Effect of release of summons of garnishment on garnishee
- § 18-4-81 - Effect of defendant's traverse on garnishee; filing of bond by defendant; entry of judgment on bond
- § 18-4-82 - Contents of answer of garnishee
- § 18-4-83 - Service of answer of garnishee on plaintiff or attorney
- § 18-4-84 - Delivery to court of property admitted to be subject to garnishment; property in safety deposit box
- § 18-4-85 - Traverse of answer of garnishee by plaintiff -- Time period; discharge for failure to traverse
- § 18-4-86 - Traverse of answer of garnishee by plaintiff -- Contents
- § 18-4-87 - Traverse of answer of garnishee by plaintiff -- Service
- § 18-4-88 - Order of proceedings after answer of garnishee generally
- § 18-4-89 - Proceedings after answer of the garnishee if no traverse or claim filed
- § 18-4-90 - Entry of default judgment upon failure of garnishee to file answer to summons; opening of default
- § 18-4-91 - Relief of garnishee from default judgment
- § 18-4-92 - Effect of garnishee's failure to answer properly summons of garnishment
- § 18-4-92.1 - Relief of garnishee from liability; definitions
- § 18-4-93 - Right of defendant to become a party to garnishment proceedings; procedure
- § 18-4-94 - Procedure where defendant prevails generally; establishment of interests in money or other property in court by parties filing claims thereto; distribution of money or other property
- § 18-4-95 - Right of claimants of property subject to garnishment to become parties; procedure
- § 18-4-96 - Procedure where money or other property in court subject to conflicting cases
- § 18-4-97 - Right of garnishee to actual reasonable expenses in making true answer of garnishment; procedure for collection; reimbursement
- ARTICLE 6 - CONTINUING GARNISHMENT PROCEEDINGS
- § 18-4-110 - Right of plaintiff who has obtained money judgment to process of continuing garnishment; methods, practices, and procedures for continuing garnishment generally
- § 18-4-111 - Property, money, or effects subject to continuing garnishment
- § 18-4-112 - Filing and contents of affidavit for continuing garnishment; issuance of summons; notice and service of summons
- § 18-4-113 - Contents of summons of continuing garnishment; filing and contents of answers
- § 18-4-114 - Traverse of answer of garnishee by plaintiff
- § 18-4-115 - Entry of default judgment against garnishee; relief from default judgment
- § 18-4-116 - Effect of and proceedings upon filing of traverse by defendant
- § 18-4-117 - Effect of termination of employment relationship between garnishee and defendant
- § 18-4-118 - Forms for continuing garnishment
- ARTICLE 7 - CONTINUING GARNISHMENT FOR SUPPORT
- § 18-4-130 - Continuing garnishment for family support; issuance of writ of garnishment
- § 18-4-131 - Definitions
- § 18-4-132 - Contents of affidavit for a continuing garnishment for support; attachment of certified copy of judgment; amendment of affidavit
- § 18-4-133 - Service of summons; requirements as to filing of first answer accompanied by money; application of money
- § 18-4-134 - Filing further answers and tendering money; application of money; filing of final answer by garnishee upon termination of defendant's employment
- § 18-4-135 - Period of attachment of writ of garnishment; garnishee's reliance upon information in affidavit of garnishment