Writ of Garnishment:
A writ of garnishment (Chapter 77) is used when no real or personal property can be seized with a writ of execution. This is used when a third person who may owe money to the debtor, has a bank account in the name of the debtor, or any other person is in possession of the defendant’s personal property. This can be seized by using a this writ.
A judgment creditor can file a motion for Writ of Garnishment ten days after the Final Judgment is entered. It is obtained by depositing $178.00 with the Clerk of Court. $100.00 of it is for the garnishee’s attorney, $85.00 is for the garnishment fee, while $3.00 of it is for the court registry fee. For each additional garnishment writ, $103.00 is to be added on.
After a the garnishment is filed, a copy of the “Notice to Plaintiff/Plaintiff’s Counsel” will be given by the clerk. After this, the sheriff will serve the writ to the said third person.
A writ of garnishment may also become a lien. A lien is made out of a writ of garnishment when it is served. A writ of garnishment can become a lien in any of the debtor’s property that is in possession by the garnishee; this can happen at any time from the time it is served to when the garnishee has answered.
Once the garnishee is served the writ of garnishment, they must answer it on plaintiff within 20 days of service. Their answer should include whether he or she is indebted to the defendant at the current time of their answering or at the time of the writs service or in between these times. They must also state whether they have any personal property of the defendant that is tangible or intangible and if they know anyone else who could be indebted to the defendant or be in possession of any of the defendant’s real property.