Garnishment – Kentucky law
Kentucky Revised Statutes (KRS) – Chapter 425
As of November 10, 2008
Source: Kentucky Legislature
KRS 425.501 – Proceedings for obtaining order of garnishment.
- (1) Any person in whose favor a final judgment in personam has been entered in any court of record of this state may, upon the filing of an affidavit by him or his agent or attorney in the office of the clerk of the court in which the judgment was entered, and in the same cause in which said judgment was obtained showing the date of the judgment and the amount due thereon, and that one (1) or more named persons hold property belonging to, or are indebted to, the judgment debtor, obtain an order of garnishment to be served in accordance with the Rules of Civil Procedure.
- (2) The judgment plaintiff shall not be required to execute bond to obtain the order.
- (3) The order of garnishment shall be served on the persons named as garnishees, and in addition a copy thereof shall be delivered by the garnishee to the judgment debtor or mailed to him at his last known address, along with a processing fee in the amount of ten dollars ($10) paid by the judgment plaintiff. The processing fee may be retained by the garnishee regardless of whether the court finds that the garnishee was or was not, at the time of service of the order upon him, possessed of any property of the judgment debtor.
- (4) The judgment debtor may appear and claim the exemption of any property or debt that is exempt from execution, and on proof of exemption the garnishment shall be discharged as to the exempt property or debt.
- (5) If the court finds that the garnishee was, at the time of service of the order upon him, possessed of any property of the judgment debtor, or was indebted to him, and the property or debt is not exempt from execution, the court shall order the property or the proceeds of the debt applied upon the judgment.
- (6) Subsequent orders of garnishment against the same or other garnishees may be issued in the same manner until the judgment is satisfied.
- (7) The provisions of KRS Chapter 427 shall, as far as applicable, govern proceedings under the order.
- (8) The order of garnishment shall be served in accordance with the Rules of Civil Procedure. It shall summon the garnishees to answer in the action in the manner and at the time required for an answer by the Rules of Civil Procedure, and to make due return thereof.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 183, sec. 15, effective July 12, 2006. — Amended 1984 Ky. Acts ch. 158, sec. 8, effective July 13, 1984. — Created 1976 Ky. Acts ch. 91, sec. 30.
- (1) An order of garnishment of earnings, as defined in KRS 427.005, shall create a lien on all nonexempt earnings earned during the pay period in which the order is served on the employer and during those succeeding pay periods which may be designated by the order.
- (2) Orders of attachment or garnishment of earnings shall have priority according to the date of service on the employer, each inferior order taking effect as if served at the commencement of the next succeeding pay period not subject to a prior order; provided that no creditor shall cause two (2) orders to be served on the employer against the same employee in the same pay period.
- (3) The order shall be served on the employer in triplicate and shall have printed thereon an explanation of subsections (1) and (2) of this section, the percentage of the disposable earnings, as defined in KRS 427.005, exempted from the order by subsection (2) of KRS 427.010, and the percentage to be forwarded to the court.
- (4) The order shall have printed thereon the following directions to the employer:
- (a) That a copy of the order shall be delivered to the employee, a copy retained by the employer for his records, and a copy returned by the employer to the court.
- (b) That on the reverse side of the court copy shall be stated, under oath by the employer, the gross amount of earnings and the nonexempt amount of disposable earnings for the designated pay periods subject to the order. If no funds are due, the reasons therefor shall be given.
- (c) That the court copy of the order and the nonexempt amount of disposable earnings shall be forwarded to the court.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 103, sec. 1, effective July 15, 1988. — Created 1976 Ky. Acts ch. 91, sec. 31.
KRS 425.511 – Appearance of garnishee — Failure to appear.
- (1) Each garnishee summoned shall appear. The appearance may be in person; or by the affidavit of the garnishee, served and filed in the manner and at the time required for an answer by the Rules of Civil Procedure, disclosing truly the sum owing by him to the defendant, whether due or not, and the property of the defendant in the possession or under the control of the garnishee; and, in the case of a corporation, any shares of stocks therein held by or for the benefit of the defendant, at or after the service of the order of attachment.
- (2) If such garnishee or officer make default, by not appearing, the court may, on the motion of the plaintiff, compel him to appear in person for examination, by process as in cases of contempt; or it may hear proof of any debt owing or property held by the garnishee to or for the defendant, and make such order in relation thereto as if what is so proved had appeared on the examination of the garnishee or officer.
History: Created 1976 Ky. Acts ch. 91, sec. 32.
KRS 425.516 – Payment by garnishee — Costs.
The garnishee may pay the money owing to the defendant by him, not exceeding the plaintiff’s claim and costs, to the sheriff having in his hands the order of attachment, or into the court or to such person as the court may direct in accordance with the Rules of Civil Procedure; and to that extent he shall be discharged from liability to the defendant. He shall not be subjected to costs beyond those caused by his resistance of the claim against him; and, if he discloses the property of the defendant in his hands, or the true sum owing by him, and delivers or pays the same to the sheriff, or according to the order of the court, he shall be allowed his costs.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 158, sec. 9, effective July 13, 1984. — Created 1976 Ky. Acts ch. 91, sec. 33.
KRD 425.521 – Procedure if garnishee indebted to defendant.
If a garnishee, or officer of a corporation summoned as a garnishee, appear in person, he may be examined on oath; and, if it be discovered on such examination that, at the service of the order of attachment upon him, he or the corporation was possessed of any property of the defendant, or was indebted to him, the court may order the delivery of such property, and the payment, or security for the payment, of the sum owing by the garnishee, into court, or to such person as it may direct–who shall give bond, with security, for the same; or the court may permit the garnishee to retain the property or the sum owing upon the execution of a bond with one (1) or more sufficient sureties, to the effect that the sum shall be paid, or the property be forthcoming, as the court may direct. Performance of such bonds, for the forthcoming of property, may be enforced, as in cases of contempt; upon such bonds for payment of money, execution may be issued as upon replevin bonds.
History: Created 1976 Ky. Acts ch. 91, sec. 34.
KRS 425.526 – Action by plaintiff against garnishee — Attachment.
If a garnishee fails to make a disclosure satisfactory to the plaintiff, the latter may bring an action against him, by petition or amended petition, in the same manner, and the proceedings therein shall be the same as in other actions; and the plaintiff may procure an order of attachment in the same manner, and the proceedings thereupon shall be the same, as is hereinbefore and hereinafter authorized concerning attachments–except that the plaintiff’s affidavit shall state, in addition to the facts required to be stated in KRS 425.301(3), the sum which the defendant owes to the plaintiff’s debtor; and the plaintiff shall not be entitled to attach for or recover more than that sum and costs nor more than the amount of the plaintiff’s claim against his debtor and costs.
History: Created 1976 Ky. Acts ch. 91, sec. 35.