Kentucky Wage Garnishment Rules

Controlled by KRS 425.506. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer. The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment.

Wage garnishments create a continuous lien against a debtor's wages, until the debt is paid. KRS Chapter 427, which deals with exemptions, authorizes a debtor to challenge garnished funds as exempt, and provides for a subsistence allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor's disposable earnings per week). Wage garnishments have priority according to the date of service upon the employer.

Kentucky Procedural Requirements

After entry of final judgment in personam against debtor, judgment creditor may file affidavit signed by him or his agent or attorney in the office of the clerk of the court in which judgment was entered showing date of judgment, amount due thereon, that one or more persons hold property belonging to or are indebted to the judgment debtor and obtain order of garnishment to be served upon garnishee in accordance with the rules of civil procedure.

The order of garnishment shall be served on the persons named as garnishees, and in addition a copy thereof shall be delivered by the garnishee to the judgment debtor or mailed to him at his last known address. Subsequent orders of garnishment against the same or other garnishees may be issued in the same manner until the judgment is satisfied. The order of garnishment shall be served in accordance with the Rules of Civil Procedure. It shall summon the garnishees to answer in the action in the manner and at the time required for an answer by the Rules of Civil Procedure, and to make due return thereof. Ky. Rev. Statute. Ann. 425.501.

The garnishee may pay the money owing to the defendant by him, not exceeding the plaintiff's claim and costs, to the sheriff having in his hands the order of attachment, or into the court or to such person as the court may direct in accordance with the Rules of Civil Procedure; and to that extent he shall be discharged from liability to the defendant. He shall not be subjected to costs beyond those caused by his resistance of the claim against him; and, if he discloses the property of the defendant in his hands, or the true sum owing by him, and delivers or pays the same to the sheriff, or according to the order of the court, he shall be allowed his costs. Ky. Rev. Statute. Ann. _ 425.516.

Each garnishee summoned shall appear in person or by affidavit served and filed as above set out disclosing any sums, whether due or not, owed defendant and any property of defendant in control or in possession of garnishee. If garnishee defaults, court may compel appearance for examination by process of contempt or it may hear proof of debt owing or property held by garnishee and make order in relation thereto as if what is so proved had appeared on examination of garnishee. Ky. Rev. Statute. Ann. 425.511.

Interest Rate at which Judgments Accrue Interest runs on judgments at rate of 12% compounded annually from its date, but judgment for accruing interest on written obligation bears interest according to instrument, whether higher or lower than 12%. Ky. Rev. Statute. Ann. 360.040.

 

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