Here you will find judgment laws and rules which apply for the area
of garnishments in the states of Alabama, Alaska, and Arkansas. Realize
that codes, regulations, and court rules change from time to time.
You will want to check to confirm that these statutes are up to date
as of the time you need to apply them. State garnishment laws and
current judgment law will dictate how you must proceed with implementing
Alabama Procedural Requirements
To obtain a writ of garnishment, a judgment creditor
must make, before an officer authorized to administer oaths, and
file, with the clerk of the court in which the judgment was entered,
an affidavit stating the amount due from the judgment debtor to
the judgment creditor, that process of garnishment is believed to
be necessary to obtain satisfaction thereof and that the person
to be summoned as garnishee is believed to be chargeable as garnishee
in the case. Alabama Code _ 66 391.
Upon the filing of the affidavit, the officer filing
the affidavit must issue process of garnishment and a copy thereof
for each garnishee, to be served by the proper officer, requiring
the garnishee to appear within 30 days and file an answer upon oath.
Alabama Code _ 66393.
When a garnishment is issued on a judgment in which
an appearance has not been entered for the defendant, the officer
issuing the garnishment must issue notice to the defendant contemporaneously
with the service of process of garnishment on the garnishee. The
notice shall identify the name of the parties, the court in which
the action is pending and the case number. In addition, except in
proceedings to collect child or spousal support, the notice shall
also contain a statement concerning rights of exemption. Alabama
R. Civil. P. 64A.
Upon filing of the garnishee’s answer, the
clerk or register shall give the plaintiff and the defendant notice,
and the garnishee may, if required by the plaintiff, be examined
orally in the presence of the court. Any demand for oral examination
must be made by motion filed within 30 days from the date of notice
of filing of the answer. Alabama Code _ 66450.
If the garnishee admits the possession of money
belonging to the defendant, he must pay the same or so much as may
be necessary to satisfy the plaintiff’s demand and costs into
court to await the order of the court. Alabama Code _ 66 452.
When the answer of the garnishee is not controverted
or, if controverted, is found for him, he shall be allowed $3 per
day during his attendance when such attendance is required, together
with five cents per mile going to and returning from court. In addition,
when the personal attendance of the garnishee is not required, he
shall be allowed $3 for such answer, which shall be taxed and collected
as other costs. Alabama Code _ 66462.
Interest Rate at which Judgments Accrue Judgments
for the payment of money, other than costs, if based upon a contract
action, bear interest from the day of the cause of action, at the
same rate of interest as stated in the contract. All other judgments
shall bear interest at the rate of 12 percent per annum. In addition,
fees allowed a trustee, executor, administrator, or attorney and
taxed as part of the cost of the proceeding shall bear interest
at a like rate from the day of entry. Alabama Code _ 8810. Applicable
Forms Rights of Exemption, Alabama R. Civil. P. 64A.
Alaska Procedural Requirements
A plaintiff may make application to the court to
have the property of the defendant attached as security for the
satisfaction of a judgment in an action upon an express or implied
contract for the payment of money if the contract is neither secured
by mortgage, lien, nor pledge upon real or personal property, or,
if secured, the security is insufficient to satisfy the judgment.
Alaska Code Civil. P. _ 09.40.010.
Service of all process relating to attachment may
be made by a person specially appointed by the court for that purpose.
Alaska Code Civil. P. _ 09.40.025. All persons having in their possession
personal property belonging to the defendant or owing a debt to
the defendant at the time of service upon them of the writ and notice
shall deliver, transfer, or pay the property or debts to the peace
officer, or be liable to the plaintiff for the amount of the property
or debts until the attachment is discharged or the judgment recovered
by plaintiff is satisfied. Alaska Code Civil. P. _ 09.40.040.
When a peace officer with a writ of attachment applies
to a person for the purpose of attaching property mentioned in the
attachment, the person shall within a reasonable time and in any
event within 24 hours furnish the peace officer with a statement
designating the amount and description of any personal property
in the person’s possession belonging to the defendant, or
any debt the person owes to the defendant. If the person refuses
to do so, or if the statement is unsatisfactory to the plaintiff,
the person may be ordered to appear before the court and be examined
concerning the property or debt. Alaska Code Civil. P. _ 09.40.060.
A party in whose favor a judgment is given that
requires the payment of money may have a writ of execution issued
for its enforcement. Alaska Code Civil. P. _ 09.35.010. All goods,
chattels, money, or other property, both real and personal, or an
interest in the property of the judgment debtor not exempted by
law, and all property and rights of property seized and held under
attachment in the action are liable to execution. Alaska Code Civil.
P. _ 09.35.070.
The person to whom the writ is directed shall execute
the writ against property of the judgment debtor until the judgment
is satisfied. Alaska Code Civil. P. _ 09.35.100.
Interest Rate at which Judgments AccrueThe rate
of interest on judgments and decrees for the payment of money is
10.5 percent a year, except that a judgment or decree founded on
a contract in writing, providing for the payment of interest until
paid at a specific rate not exceeding the legal rate of interest
for that type of contract, bears interest at the rate specified
in the contract if the interest rate is set out in the judgment
or decree. Except when the court finds that the parties have agreed
otherwise, prejudgment interest accrues from the day process is
served on the defendant or the day the defendant received written
notification that an injury has occurred and that a claim may be
brought against the defendant for that injury, whichever is earlier.
Alaska Code Civil. P. _ 09.30.070.
Arkansas Procedural Requirements
In all such actions where the plaintiff has obtained
judgment, he may sue out a writ of garnishment setting forth the
judgment and shall proceed in the manner directed for the enforcement
and collection thereof. The plaintiffs in all cases of garnishment
may also have an attachment against the property of the garnishee,
who is made a defendant thereto, by stating in his affidavit one
or more of the grounds for attachment and the amount for which the
garnishee is indebted to the principal debtor, and by executing
bond to the garnishee. Ark. Code Ann. _ 16110102.
The order of attachment shall be executed by the
sheriff or other officer without delay by delivering a copy of the
order, with a notice specifying the debt attached, to the person
owing it. The sheriff shall deliver copies to and summon such persons
as garnishees as the plaintiff may direct. It shall be the duty
of every person to whom the sheriff shall apply therefor, to furnish
him with the amount of the debt owing to the defendant, whether
due or not. A failure to perform his duty may be punished by the
court as contempt. Ark. Code Ann. _ 16110111.
The sheriff shall not, in executing an order of
attachment upon personal property held by the defendant jointly
or in common with another person, take possession of the property
until there has been executed a bond to the other person, by one
or more sufficient sureties of the plaintiff, to the effect that
he will pay to the person the damages he may sustain by the wrongful
suing out of the order. Ark. Code Ann. _ 16110113.
Each garnishee summoned shall appear. The appearance
may be in person or by affidavit of the garnishee filed in court
disclosing truly the amount owing by him to the defendant, whether
due or not, at or after the service of the order of attachment.
Where a garnishee appears in person, he may be examined on oath.
If it is discovered on the examination that, at or after the service
of the order of attachment upon him, he was indebted to the defendant,
the court may order the payment or security for the payment of the
amount owing by the garnishee, into the court, or to such person
as it may direct. That person shall give bond, with security for
the amount owing, or the court may permit the garnishee to retain
the amount owing, upon the execution of a bond with one or more
sufficient sureties, to the effect that the amount shall be paid
or the property shall be forthcoming, as the court may direct. The
court may, on motion of the plaintiff, compel the appearance in
person, and examination, of any garnishee by process, as in cases
of contempt. Where a garnishee makes a default by not appearing,
the court may hear proof of any debt owing by him to the defendant
and make such order in relation thereto, as if what is so proved
had appeared on the examination of the garnishee. Ark. Code Ann.
The garnishee may pay the money owing to the defendant
by him to the sheriff having in his hands the order of attachment
or into the court. The garnishee shall not be subjected to costs
beyond those caused by his resistance of the claim against him.
In fact, if he discloses the true amount owing by him and pays the
amount owing according to the order of the court, he shall be allowed
his costs. Ark. Code Ann. _ 16110129.
Upon the service of a summons upon any garnishee
or after his failure to make a disclosure satisfactorily to the
plaintiff, the latter may proceed in an action against him by filing
a complaint verified as in other cases and causing a summons to
be issued upon it. Thereupon, the proceeding may be had as in other
actions and judgment may be rendered in favor of the plaintiff to
subject the property of the defendant into the hands of the garnishee,
or for what shall appear to be owing to the defendant by the garnishee.
The judgment may be enforced by execution or other proper means.
Ark. Code Ann. _ 16110133.
Interest Rate at which Judgments Accrue Interest
on any judgment entered by any court or magistrate on any contract
shall bear interest at the rate provided by the contract or ten
percent per annum, whichever is greater, and on any other judgment
at ten percent per annum, but not more than the maximum rate permitted
by law. Ark. Code Ann. _ 1665114.