§ 12-1173. Noncontinuing earnings garnishment - Summons - Answer - Priority of lien.

A.  Any judgment creditor may obtain a noncontinuing lien on earnings.  For the purposes of this section, "earnings" means any form of payment to an individual including, but not limited to, salary, commission, or other compensation, but does not include reimbursements for travel expenses for state employees.

B.  A noncontinuing earnings garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title.

C.  The form for the summons required by this section shall be prescribed by the Administrative Office of the Courts.

D.  The summons shall be served upon the garnishee, together with a copy of the judgment creditor's affidavit, a garnishee's answer form, notice of garnishment and request for hearing, and claim for exemptions, in the manner provided for in Section 2004 of this title and shall be returned with proof of service within ten (10) days of its date.

E.  The garnishee's answer shall be on a form prescribed by the Administrative Office of the Courts.

F.  Within seven (7) days after the end of the defendant's then-current pay period or thirty (30) days from the date of service of the garnishment summons, whichever is earlier, the garnishee shall file the answer with the court clerk and the garnishee shall pay the amount withheld from the pay period to the judgment creditor's attorney or to the judgment creditor, if there is no attorney, with a copy of the answer which shall state:

1.  Whether the garnishee was the employer of or indebted or under any liability to the defendant named in the notice in any manner or upon any account for earnings or wages, specifying, as applicable, the beginning and ending dates of the pay period existing at the time of the service of the affidavit and summons, the total amounts earned in the pay period, and all of the facts and circumstances necessary to a complete understanding of the indebtedness or liability.  When the garnishee shall be in doubt respecting the liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court;

2.  If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to the property, the facts and circumstances in the affidavit;

3.  At the garnishee's option, any claim of exemption from execution on the part of the defendant or other objection known to the garnishee against the right of the judgment creditor to apply the indebtedness or property disclosed;

4.  If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other person makes claim, at the garnishee's option, the names and addresses of other claimants and, so far as known, the nature of the claims; and

5.  That the garnishee has mailed or hand-delivered a copy of the notice of garnishment and exemptions, application for hearing, and the manner and date of compliance.

G.  The garnishment summons served on the garnishee under this section is a lien on the defendant's property due at the time of service or the effective date of the summons to the extent the property is not exempt from garnishment.

H.  1.  A garnishment lien under this section has priority over any subsequent garnishment lien or garnishment summons served on the garnishee.

2.  When a garnishment summons is served under this section on a garnishee while a previous garnishment lien is still in effect, the garnishee shall answer the subsequent garnishment lien or garnishment summons by stating that the garnishee is presently holding defendant's property under a previous garnishment lien or garnishment summons and by giving the date when all previous garnishment liens or garnishment summonses are expected to end.

I.  1.  When a postjudgment noncontinuing earnings garnishment under this section or a continuing earnings garnishment under Section 1173.4 of this title is issued against a defendant already subject to an income assignment for child support, the garnishee shall determine the maximum percentage of the defendant's disposable earnings according to the provisions of Section 1171.2 of this title and then deduct from that percentage the actual percentage of the defendant's disposable earnings actually withheld under the income assignment.  The resulting percentage shall be the amount to be withheld by the garnishee, not to exceed twenty-five percent (25%).

2.  For any involuntary legal or equitable procedures through which the earnings of any individual are required to be withheld for the payment of any debt which has statutory priority over this section, the amount withheld pursuant to a garnishment under this section shall be reduced by the actual sums withheld pursuant to such other involuntary process.

J.  A noncontinuing earnings garnishment may be suspended or modified by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which the judgment was entered.  A copy of such agreement shall be mailed by first class mail to the garnishee, postage prepaid by judgment creditor.

R.L.1910, § 4824.  Amended by Laws 1965, c. 297, § 3; Laws 1974, c. 71, § 3, emerg. eff. April 15, 1974; Laws 1976, c. 87, § 5, emerg. eff. May 4, 1976; Laws 1978, c. 190, § 3, eff. Oct. 1, 1978; Laws 1982, c. 159, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 50, § 3, emerg. eff. April 26, 1983; Laws 1984, c. 22, § 1, emerg. eff. March 20, 1984; Laws 1985, c. 297, § 14, operative Oct. 1, 1985; Laws 1986, c. 185, § 2, eff. Sept. 1, 1986; Laws 1990, c. 248, § 1, emerg. eff. May 21, 1990; Laws 1995, c. 338, § 4, eff. Nov. 1, 1995; Laws 1999, c. 293, § 14, eff. Nov. 1, 1999; Laws 2011, c. 187, § 5, eff. Nov. 1, 2011.