Writ Of Garnishment
Procedure Between Judgment Creditor and Judgment Debtor FAQ:
Q: When does the judgment creditor have to give notice to the judgment debtor?
A: The attorney of the plaintiff/plaintiff’s attorney must give notice to the defendant within 5 business days after the issue of the writ or 3 business days after the service of the writ. this depends on whichever time is later.
Q: What must the notice include?
A: The notice must include a copy of the writ of garnishment, motion for writ of garnishment, and the notice of exemptions the debtor is entitled to.
Q: What happens when the notice is received by the defendant?
A: The defendant then has 20 days from the time they are noticed to file a “Claim of Exemption and Request for hearing” form with the clerk. he defendant must also mail in or hand-deliver a copy of this claim form to the plaintiff and also the garnishee.
Q: What happens when insufficient/incomplete notice is given?
A: The failure to give a complete notice will result in the rendering of garnishment void.
Q:When is a second notice required?
A: A second notice is required 5 days after the garnishee’s answer is served on the plaintiff or after the 20 day time period the garnishe has to answer has expired. After this, the plaintiff can serve the following:
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A copy of the garnishee’s answer.
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A notice advising the receipt that he/she must relocate to dissolve the writ within 20 days after the motion of the writ.
Q: What can the judgment debtor do after they receive a notice?
A: They have 20 days after the service of a notice to file a motion to dissolve the writ. They can also, in those 20 days, serve any defences that they have, if any.
Q: What happens when an exemption is claimed by the judgment debtor?
A: There is allowed 2 business days from the recipient to hand deliver to file an objection to the claim of exemption. 7 business days are given when it is mail delivery. If an objection is filed, a hearing must also be requested by the plaintiff.
Q: What happens if a motion to dissolve the garnishment isn’t filed b y the garnishee?
A: A default is entered against them. On this entry, a final judgment will be entered against the garnishee for the amount of money of the plaintiff’s claim, including interest.
Q: When does a writ become effective?
A: At the time is was served.
Q: What is a continuing writ of garnishment?
A: A continuing writ of garnishment is typically applicable when the debtor is employed and earning a salary on a regular basis.