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61-3504. When garnishment available after judgment.

61-3504

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 35.--ATTACHMENT AND GARNISHMENT

      61-3504.   When garnishment available afterjudgment.(a) Asan aid to the collection of a judgment, an order of garnishment maybe obtained at anytime after 10 days following judgment. There is no requirement that anexecution first beissued and returned unsatisfied.

      (b)   The party requesting a garnishment shall file a request in an individualcase or by amaster request covering more than one case asking the court to issue an orderof garnishment.The request shall designate whether the order of garnishment is to be issued toattach earningsor to attach other property of the judgment debtor. If such party seeks toattach earnings ofthe judgment debtor to enforce:

      (1)   An order of any court for the support of any person;

      (2)   anorder of any court of bankruptcy under chapter 13 of the United Statesbankruptcy code; or

      (3)   a debt due for any state or federal tax, the direction of the party shallso indicate.No bond isrequired for an order of garnishment issued after judgment.

      History:   L. 2000, ch. 161, § 49; Jan. 1, 2001.

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