The garnishee has to complete and file their
Answer with the court within 10
business day, beginning with the first day after
service on the garnishee.
What happens if garnishee does not file an Answer?
If the garnishee does not file an answer, the judgment creditor can file for a
default motion by filing the following documents with the court:
These forms request that the Court
order the garnishee to appear and answer in person as to why they did not file an Answer. If a hearing date is set, the judgment creditor must have the forms process served to the garnishee AND mailed or hand delivered to the judgment debtor.
What happens if the garnishee claims to hold no property of the judgment debtor?
The garnishee can ask the Court to make the judgment creditor pay for the expenses the garnishee incurred in responding to a Writ of Garnishment, if they hold no property of the judgment debtor. The judgment creditor should take precautions to ensure that the correct person or organization is named as the garnishee before filing.
What happens if the garnishee claims to hold property of the judgment debtor?
The following happens if in the Answer the garnishee indicates that they hold the property of the judgment debtor:
- The judgment debtor has 10 days to file a Request for Hearing on Garnishment
- If the judgment debtor does not request a hearing, the judgment creditor mails or hand delivers completed copies of the Application for Garnishment Judgment and a Garnishment Judgment to the garnishee and judgment debtor
- After they are mailed, the judgment creditor files these completed forms with the Court
- Once the Court signs the Garnishment Judgment, the Court sends a copy of the signed version to everyone involved
- If the garnishee does not receive a signed Garnishment Judgment within 90 days, the judgment creditor will have to restart the process
- The Writ expires 90 days after the Answer is filed with the Court in a non-earnings garnishment
- If the judgment creditor has not received a signed Garnishment Judgment within 3-6 weeks after filing the Application, contact the Clerk of the Court to see the status of your progress