Filing a Writ of Garnishment
Filing a Writ of Garnishment
Forms:
Forms may be purchased at most stationary stores or office supply stores. You should ask for forms No. 1128 (Writ of Garnishment), No. 529 (Debt Calculation), No. 530 (Garnishee Response), and No. 1140 (Challenge to Garnishment).
Filling Out the Garnishment Forms
- The form should be typed or neatly printed in ink.
- Fill in the case caption (plaintiff, defendant, and case number) on all the forms.
- Indicate who the garnishment is being served on. If the debtor's place of employment is the garnishee you will have to include the name of the business and a street address. If a financial institution is the garnishee, you will need the bank's name and street address. You do not need to know the account number of the debtor.
- The date of judgment must be filled in, and can be found on your notice of entry of judgment. This date is the date that the clerk/judge signed the document.
- You are responsible for calculating the amount of money owed and completing the portion of the write laying out judgment amount, interest, costs, etc... The clerk cannot assist you.
- Sign the garnishment. It is not necessary for your signature to be witnessed. If you are using forms #529, 530, 1128 and form 1140, you will need to sign the forms and make five copies of all forms.
- Complete heading on Certificate of Garnishee and the required information on the Garnishee's Duties.
State statute does not require Justice Court to have a seal when certifying Writs of Garnishments.
