Limited Civil And Small Claims Garnishment Procedures printable pdf download

Limited Civil And Small Claims Garnishment Procedures

SIXTH JUDICIAL DISTRICT

LIMITED CIVIL AND SMALL CLAIMS

GARNISHMENT PROCEDURES

FOR LITIGANST NOT REPRESENTED BY AN ATTORNEY

NON-WAGE GARNISHMENT

NON-WAGE GARNISHMENT: You must fill out the forms before filing with the Clerk. Information

you will need includes case title, case number, names and addresses of all parties, including the garnishee

(usually a bank). It may be helpful to refer to the list of terms at the end of this document.

File with the Clerk of the District Court:

Form # 1.

Request for Garnishment

(2 copies)

Order of Garnishment

Form # 2.

(2 copies)

Answer of Garnishee

Form # 3.

(2 copies)

Form # 4

Instructions to Garnishee

(1 copy)

The Clerk of the District Court will issue the garnishment papers to whomever you indicated on your

Request for Garnishment (usually the sheriff). The person delivering the papers to the garnishee must file

a return with the Clerk, indicating when and how service was made. The Clerk of the District Court will

send a copy to you.

When you receive the Return of Service that says the garnishee was served, you must mail by first class

mail to the judgment debtor the following documents:

Form #5. Notice to the Judgment Debtor

Form #6. Request for Hearing

The garnishee should file an answer with the Clerk of the District Court within 10 days of service of the

order of garnishment. The Clerk of the District Court will send you and the judgment debtor a copy of

the answer of garnishee.

No sooner than 10 business days following the filing of the answer of garnishee, you should complete and

present to the Clerk of the District Court (if the answer indicates the garnishee is holding money)

Form # 9. Order to Pay

After the judge signs the Order to Pay, the Clerk of the District Court will send a copy to the garnishee.

The garnishee will then send the money to the Clerk of the District Court, who will forward it to you.

Revised 9/26/03

Limited Civil And Small Claims Garnishment Procedures