§ 16-110-102 — Garnishment generally

(a) (1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment. This writ shall set forth his or her cause of action against the defendant, and command the officer charged with the execution thereof to summon the person named therein as garnishee to appear at the return day of the summons in the action if the writ shall have been issued at the commencement thereof and, if not so issued, on such day as the court shall designate to answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant. (2) In all such actions where the plaintiff has obtained judgment, he or she may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. (b) The plaintiffs in all cases of garnishment may also have an attachment against the property of a garnishee, who is made a defendant thereto, by stating in his or her affidavit one (1) or more of the grounds of attachment mentioned in § 16-110-101 , § 16-110-104 , § 16-110-202 , or § 16-110-203 and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.

Legislative History

Civil Code, § 224; Acts 1871, No. 48, § 1 [224], p. 219; C. & M. Dig., §§ 503, 504; Pope's Dig., §§ 540, 541; A.S.A. 1947, §§ 31-102, 31-142.