State Garnishment Laws: Connecticut, Delaware, and the District of Columbia

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Connecticut, Delaware, and the District of Columbia. 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 will dictate how you must proceed with implementing a garnishment. Garnishments are a primary part of judgment law.

Connecticut Procedural Requirements

When any post judgment paper, other than a wage execution or property execution levied against property of a natural person, is served on a third person, the judgment creditor shall send a copy of the papers so served, together with a Statuteement as to on whom the papers were served, to the judgment debtor at his last known address by first class mail, postage paid. Conn. Gen. Statute. Ann. _ 52351a.

Unless otherwise provided by law, service of process concerning a post judgment procedure may be made by a proper officer sending a true and attested copy thereof by certified mail, return receipt requested, to a person at his last known address, as provided for service of process by chapter 896, or as provided by rule of court for service on an appearing party if made on a party who has filed a post judgment appearance or if made within one hundred eighty days of rendition of judgment on a party who appeared in the action. Conn. Gen. Statute. Ann. _ 52 350e.

A judgment creditor may obtain discovery from the judgment debtor or from any financial institution of any matters relevant to satisfaction of the money judgment. The judgment creditor shall commence any discovery proceeding by serving an initial set of interrogatories, in a prescribed form containing such questions as to the assets and employment of the judgment debtor as may be approved by the judges of the superior court or their designee, on the person from whom discovery is sought. Service of an initial set of interrogatories relevant to obtaining satisfaction of a money judgment of a up claims session of the superior court may be made, upon request of the judgment creditor, by the clerk of the court sending such interrogatories by certified mail, return receipt requested, to the person from whom discovery is sought, provided the judgment creditor pays to such clerk a fee of five dollars for each mailing requested. Such person shall answer the interrogatories and return them to the judgment creditor within thirty days of the date of service. If interrogatories are served on a financial institution, the financial institution shall disclose only whether it holds funds of the judgment debtor on account and the balance of such funds, up to the amount necessary to satisfy the judgment. The interrogatory form shall specify the names and last known addresses of the judgment creditor and the judgment debtor, the court in which and the date on which the judgment was rendered, and the original amount of the judgment and the amount due thereon. The interrogatory form shall contain a notice of rights with respect to post judgment interrogatories as prescribed by _ 52361b.

On failure of a person served with interrogatories to, within the thirty days, return a sufficient answer or disclose sufficient assets for execution, or on objection by such person to the interrogatories, the judgment creditor may move the court for such supplemental discovery orders as may be necessary to ensure disclosure. Conn. Gen. Statute. Ann. _ 52351b.

Execution may be granted against any debts due from any banking institution to a judgment debtor who is a natural person [1], except to the extent such debt is protected as exempt or wages [2]. If execution is desired against any such debt, the plaintiff requesting the execution shall notify the clerk of the court. If the papers are in order, the clerk shall issue such execution containing a direction that the officer serving the same shall, within seven days from the receipt by the officer of such execution, make demand upon the main office of any banking institution having its main office within the county of such officer or if such main office is not within such officer’s county and such banking institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the banking institution in accordance with regulations adopted by the commissioner of banking in accordance with chapter 54, for payment of any such nonexempt debt due to the judgment debtor and, after having made such demand, shall serve a true and attested copy of the execution, together with the affidavit and exemption claim form prescribed by subsection (k) of this section, with his doings endorsed thereon, with the banking institution officer upon whom such demand is made. If any such banking institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor, it shall remove from the debtor’s account the amount of such indebtedness not exceeding the amount due on such execution before its midnight deadline, as defined by _ 42a4104.

Upon receipt of the execution and exemption claim form from the serving officer, the banking institution shall forthwith mail copies thereof, postage prepaid, to the judgment debtor at his last known address with respect to the affected accounts on the records of the banking institution. The institution shall hold the amount removed from the debtor’s account pursuant to subsection (c) of this section for fifteen days from the date of the mailing to the judgment debtor and during such period shall not pay the serving officer. If an exemption claim is made, the banking institution shall continue to hold the amount removed from the judgment debtor’s account for twenty days or until a court order is received regarding disposition of the funds, whichever occurs earlier. If no order is received within twenty days of the date the banking institution sends a copy of the exemption claim form or notice of exemption to the clerk of the court, the banking institution shall return the funds to the judgment debtor’s account. If no claim of exemption is received by the banking institution within fifteen days of the mailing to the judgment debtor of the execution and exemption claim form, the banking institution shall, upon demand, forthwith pay the serving officer the amount removed from the judgment debtor’s account, and the serving officer shall thereupon pay such sum, less his fees, to the judgment creditor, except to the extent otherwise ordered by a court. Conn. Gen. Statute. Ann. _ 52367b.

If records or testimony are subpoenaed from a banking institution in connection with a hearing conducted to determine an exemption claim, the reasonable costs and expenses of the banking institution in complying therewith shall be recoverable by it from the party requiring such records or testimony, provided, the banking institution shall be under no obligation to attempt to obtain records or documentation relating to the account executed against which are held by any other banking institution. If there are moneys to be removed from the debtor’s account, prior to the removal of such moneys the banking institution shall receive from the serving officer as representative of the judgment creditor a fee of eight dollars for its costs in complying with these provisions which fee may be recoverable by the creditor as a taxable cost of the action. Conn. Gen. Statute. Ann. _ 52367b.

Interest Rate at which Judgments Accrue At the rate of ten per cent a year, and no more, may be recovered and allowed in civil actions, including actions to recover money loaned at a greater rate, as damages for the detention of money after it becomes payable [3]. Whenever the maker of any contract is a resident of another Statutee, any obligee or holder of such contract, residing in this Statutee, may lawfully recover any agreed rate of interest or damages on such contract until it is fully performed, not exceeding the legal rate of interest in the Statutee where such contract purports to have been made. Conn. Gen. Statute. Ann. _ 373a.

Applicable Forms 1 Conn. Gen. Statute. Ann. Sec 52367a governs executions against debts due from banking institutions when the debtor is not a natural person. 2 See Conn. Gen. Statute. Ann. Sec. 52352a, 5352b, 52361a. 3 Conn. Gen. Statute. Ann. _ 373b governs the rate of interest recoverable in negligence actions. Similarly, Conn. Gen. Statute. Ann. _ 373c governs the rate of interest recoverable in condemnation cases.

Delaware Procedural Requirements

Banks are exempt from equitable order restraining disbursement of funds. Delaware Trust Co. v. Partial, 517 A.2d 259 (Del. Ch. 1986).

Interest Rate at which Judgments Accrue Judgments shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due. Del. Code Ann. tit. 6, _ 2301.

District of Columbia Procedural Requirements

An attachment may be issued upon a judgment either before or after or at the same time with a fieri facias. If costs are unnecessarily multiplied thereby they shall be charged to the party causing the attachment to be issued. D.C. Code § 16-542.

An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment. D.C. Code § 16-546.

Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period the garnishee shall incur no liability whatsoever for the retention. D.C. Code § 16-547.

The court may make all orders necessary for the preservation of the property attached. D.C. Code § 16-550. In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment or between the time of service and the filing of his answers to the interrogatories. The garnishee shall file his answers, verified by a written declaration that the answers are made under the penalties of perjury, to the interrogatories within ten days after service upon him. In addition to the answers to written interrogatories required of him, the garnishee may, on motion, be required to appear in court and be examined orally, under oath, touching any property or credits of the defendant in his hands. D.C. Code § 16-552.

If a garnishee answers to interrogatories that he does not have property or credits of the defendant, or has less than the amount of the plaintiff’s judgment, the plaintiff may traverse the answer as to the existence or amount of the property or credits, and the issue thereby made may be tried as provided by § 16-551. In such a case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable attorney’s fee. If the issue is found for the plaintiff, judgment shall be rendered for him in accordance with the finding. D.C. Code § 16-553.

If a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the amount of the plaintiff’s judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands. When the credits are not immediately due and payable, execution shall be stayed until they become due. When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff’s judgment and costs, and execution may be had thereon. D.C. Code § 16-556.

Interest Rate at which Judgments Accrue In an action in the United Statutees District Court for the District of Columbia or the Superior Court of the District of Columbia to recover a liquidated debt on which interest is payable by contract or by law or usage the judgment for the plaintiff shall include interest on the principal debt from the time when it was due and payable, at the rate fixed by contract, if any, until paid. D.C. Code § 15-108.

In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only. In an action to recover damage for a wrong the judgment for the plaintiff shall bear interest. D.C. Code § 15-109. The rate of interest is 70% of the rate of interest set by the Secretary of the Treasury pursuant to § 6621 of the Internal Revenue Code of 1986 for underpayments and overpayments of tax to the Internal Revenue Service, rounded to the nearest full percent, or if exactly 1/2 of 1%, increased to the nearest full percent. D.C. Code § 28-3302.

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