A. In a garnishment of monies or indebtedness, if the answer shows that the garnishee
was indebted to the judgment debtor at the time of service of the writ, and no objection
to the writ or answer is timely filed, on application by the judgment creditor the
court shall enter judgment on the writ against the garnishee for the amount of the
nonexempt monies of the judgment debtor owed or held by the garnishee at the time
of service of the writ.
B. If a timely objection is filed the court, after hearing evidence and argument, shall
determine whether the writ is valid against the judgment debtor, what amount is presently
due and owing on the underlying judgment and what amount of nonexempt monies, if any,
the garnishee was holding for or owed to the judgment debtor at the time the writ
was served, and the court shall enter judgment on the writ against the garnishee for
that amount or enter an order discharging the garnishee if no nonexempt monies are
C. The judgment creditor shall deliver a copy of the judgment on the writ against the
garnishee to the garnishee and the judgment debtor, and on receipt of a copy of the
judgment entered by the court the garnishee shall immediately transfer the adjudged
nonexempt monies to the judgment creditor.
D. A judgment pursuant to subsection A or B shall not be for more than the amount of
the outstanding balance of the underlying judgment, including accrued interest and
costs and attorney fees, if awarded.
E. The court, sitting without a jury, shall decide all issues of fact and law.
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