Garnishment Actions that Complete the Small Claims Court Process

Final garnishment actions:

Step 5: Processing the Completed Forms

After obtaining and filling in the proper forms, take them to the district court where the court clerk will review them, enter any necessary information and collect the filing fee (usually under $10) for issuing a Writ of Garnishment. Be sure the clerk stamps your form with a new number.

Expect the clerk to keep the "Application for Writ of Garnishment" and the original "Writ of Garnishment". Ask the clerk for an copy (small fee) of your "judgment transcript" (used in step seven below).

Step 6: Serving the Writ of Garnishment

You need a $10 check or money order payable to the garnishee defendant (employer or bank) and three stamped envelopes addressed to the:

1. Clerk of the court who issued the writ of garnishment
2. Plaintiff (or plaintiff's attorney if applicable)
3. Garnishee Defendant (owes or is holding money to/for the debtor)

Note: After filing your papers with the court clerk, you should still have three copies of the "Writ of Garnishment" and four copies of the "Answer to the Writ of Garnishment".

You must notify the "judgment debtor" and the "garnishee defendant" either personally or by certified mail, return receipt requested.

Your best chance of being successful (collecting the judgement) is to pick a day in which you are reasonably certain that the bank, employer, or other person is holding money for the judgment debtor such as just prior to payday, or in the case of a bank, just after a payday.

To notify the garnishee defendant, deliver or mail the employer or bank:

• One of the Writs of Garnishment;
• The four copies of the "Answer to the Writ of Garnishment" forms;
• The three stamped and addressed envelopes; and
• The $10 check payable to the employer, bank or other garnishee defendant

If you personally served the notice, you'll need to file a certificate of service form. If you mailed the notice, then use the returned receipt provided by the post office to file the certificate of service form with the small claims court clerk.

Note: If the garnishment is against a bank, it's best to serve the head office of that bank because it is automatically effective against all branches of the bank. However, if you're certain which branch the debtor uses, serving just that branch will work.

Step 7: Notifying the "Judgment Debtor"

On the same day that you notify the garnishee defendant, mail to the judgment debtor by certified mail, return receipt requested:

• One of the remaining two copies of the Writ of Garnishment;
• A copy of the judgment (obtained from the court clerk)
• One copy of Notice of Garnishment; and
• One copy of the Exemption Claim form.

Ensure the garnishee defendant (employer or bank) is notified BEFORE the judgment debtor receives the certified letter notifying him or her of the pending garnishment.

Although you must promptly notify the judgment debtor of the garnishment, you are not required to inform him or her until after the garnishee defendant has been served.

Finally, after receiving the certified mail return receipt (or returned as undeliverable receipt) that proves the debtor and garnishee defendant were notified, you must file the affidavit of mailing - Form I with the small claims court clerk.

Important Notes:

1. Debtors can claim exemptions to avoid paying all or some of your claim . . . see Debtor Exemptions

2. After receiving your garnishment request, the Garnishee Defendant is required to take certain actions . . .see Garnishee Defendant Actions