Garnishment proceedings may be filed immediately if the judgment issued is a default judgment. Otherwise, a period of ten days must lapse before a garnishment is filed. The correct forms for filing a garnishment can be obtained via the Fees and Forms section or received from the Clerk’s Office.

A copy of the judgment should accompany all garnishments upon filing and:

Continuing (Wage) Garnishment:

• Affidavit for Continuing Garnishment
• Sheriff’s Entry of Service

Regular (Bank) Garnishment:

• Affidavit for Bank Garnishment
• Summons of Bank Garnishment
• Information sheet
• Sheriff's Entry of Service

Wage garnishments last for 195 days after date of service from the Sheriff’s Department.

Bank garnishments are an immediate action, but one time service. Once the bank is served, the account is frozen. More than one bank garnishment may be filed until the judgment amount is collected.

Yes - the defendant may pay the full amount of the Summons to the clerk’s office in cash.

The plaintiff is instructed to send the Notice and Summons, given by the court, to the defendant by certified mail. This must be sent to the defendant no later than three (3) days after service of the garnishee. The plaintiff will send the court the green card showing service or the unclaimed envelope showing service was attempted. A condemning letter will accompany the green card or unclaimed envelope. This letter simply states the plaintiff requests all present and future funds be paid to them.

The principal amount on the judgment may not exceed $15,000.00 when filing a garnishment in Magistrate Court. If the principal amount of your judgment is over $15,000, the garnishment must be filed in a higher court. The court cost awarded for the civil filing, as well as, the cost for filing the garnishment may be included. As long as there is a balance on the awarded judgment, a garnishment may be filed.