§ 12-1172. Commencement of garnishment proceedings - Affidavit.

A.  Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced by the filing of an affidavit, on a form prescribed by the Administrative Director of the Courts, stating:

1.  The name(s) of the plaintiff(s);

2.  The name(s) of the defendant(s);

3.  In the case of prejudgment garnishments, the amount of the plaintiff’s original claim against the defendant or defendants over and above all offsets;

4.  In the case of postjudgment garnishments, the amount of the interest-bearing balance;

5.  In the case of postjudgment garnishments, the rate and the date the interest begins to accrue; and

6.  That the plaintiff verily believes that some person, naming him, whether within or without the county, is indebted to or has property in his possession or under his control belonging to the defendant, or either or any of the defendants, in the action or execution and that the indebtedness or property is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution.

B.  The affidavit may be filed by the plaintiff or the plaintiff’s attorney at or before the time of filing of a garnishment summons.

C.  Only one garnishee may be embraced in any affidavit or garnishment summons.

R.L.1910, § 4823.  Amended by Laws 1923, c. 45, p. 56, § 1; Laws 1965, c. 297, § 2; Laws 1974, c. 71, § 1, emerg. eff. April 15, 1974; Laws 1989, c. 236, § 2, eff. July 1, 1989; Laws 2004, c. 450, § 4, eff. Nov. 1, 2004.