Current through L. 2022, ch. 222
Section 12-1598.07 - Objection to garnishment, answer or nonexempt earnings statement; hearingA. A party who has an objection to the writ of garnishment, the answer of garnishee or a nonexempt earnings statement may file a written objection and request for hearing on a form similar to those set forth in section 12-1598.16. The hearing must be requested no later than ten days after receipt of the answer or nonexempt earnings statement objected to unless good cause for filing the request later is shown. At the time of filing the request for hearing form, the party filing the objection shall deliver a copy of the form to all parties to the writ.B. The hearing on an objection to the writ, answer or amount withheld or on a claim of exemption shall be commenced within ten days after receipt of the request by the court but may be continued for good cause on terms the court deems appropriate after due consideration of the importance of the judgment debtor's rights and the need for a speedy determination. Good cause includes a situation in which the objection raised at the hearing is different from that set forth in the request for hearing form. The hearing shall not be held later than fifteen days after the date the request was received by the court unless the request for a continuance is made by the judgment debtor.C. A party requesting a hearing pursuant to this section is required to state the grounds for the party's objection in writing, but the objecting party is not limited to those written objections at the hearing conducted pursuant to this section.D. The court shall notify the parties of the date and time of the hearing at least two days, not including weekends and holidays, before the date of the hearing.E. The prevailing party may be awarded costs and attorney fees in a reasonable amount determined by the court. An award of attorney fees that are incurred due to the objection shall not be assessed against nor is it chargeable to the judgment debtor unless the judgment debtor is found to have objected solely for the purpose of delay or to harass the judgment creditor.Amended by L. 2021, ch. 306,s. 7, eff. 9/29/2021.