6-6-393
Section 6-6-393 Issuance and service of process. Upon the filing of the affidavit or the affidavit
and bond, as the case may be, the officer filing the same must issue process of garnishment
and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee
to appear within 30 days and file an answer, upon oath, whether, at the time of the service
of the garnishment, at the time of making his answer or at any time intervening between the
time of serving the garnishment and making the answer he was indebted to the defendant and
whether he will not be indebted in future to him by a contract then existing, whether by a
contract then existing he is liable to him for the delivery of personal property or for the
payment of money which may be discharged by the delivery of personal property or which is
payable in personal property and whether he has not in his possession or under his control
money or effects belonging to the defendant. (Code 1852, §2517; Code...
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6-6-450
Section 6-6-450 Filing of answer; notice thereof; oral examination. The garnishee must answer
under oath according to the terms of the garnishment; and, upon filing, the clerk or register
shall give the plaintiff and defendant notice, and the garnishee may, if required by the plaintiff,
be examined orally in the presence of the court. Any demand for oral examination required
by the plaintiff after filing of written answer by the garnishee must be made by motion filed
within 30 days from the date of notice of filing answer. (Code 1923, §8067; Code 1940, T.
7, §1011.)...
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6-6-451
Section 6-6-451 Answers on behalf of corporations. No person shall answer on behalf of any
corporation any process of garnishment unless he shall make affidavit that he is the duly
authorized agent of the corporation to make such answer and that he has knowledge of the facts
stated therein. (Code 1867, §2897; Code 1876, §3222; Code 1886, §2975; Code 1896, §2190;
Code 1907, §4319; Code 1923, §8070; Code 1940, T. 7, §1014.)...
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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which may be
discharged by the delivery of personal property or on contracts payable in personal property;
and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171; Code
1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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6-6-44
Section 6-6-44 Oath of plaintiff. The officer, before issuing the attachment in the first two
cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to make
oath of the amount of the debt or demand and that it is justly due, or to become due, that
one of the causes enumerated in Section 6-6-42 exists and that the attachment is not sued
out for the purpose of vexing or harassing the defendant; and such oath must be reduced to
writing and subscribed by the party making it. (Code 1852, §2506; Code 1867, §2930; Code
1876, §3255; Code 1886, §2932; Code 1896, §527; Code 1907, §2927; Code 1923, §6175; Code
1940, T. 7, §848.)...
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6-6-453
Section 6-6-453 Payment of indebtedness or liability to clerk; effect thereof; ordering of
deposit by court. (a) When the garnishee admits indebtedness or liability to the defendant
and the defendant has not executed bond for the dissolution of the garnishment, as provided
in Division 4 of this article, the garnishee may, by order of the court first had and obtained,
pay the amount of such indebtedness or liability or so much thereof as the court may direct
into the hands of the clerk, to be held subject to the judgment in the case. Such payment
has the effect to discharge the garnishee from liability for the amount so paid and interest
subsequently accruing thereon, but does not prevent the interposition and trial of collateral
issues as provided in Division 6 of this article. (b) The court may, in its discretion, direct
the clerk to deposit, pending the action, the money at interest in a bank authorized to receive
deposits of public funds. (Code 1896, §§2188, 2189; Code 1907,...
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6-6-459
Section 6-6-459 Contest of answer by defendant. The defendant, upon the coming in of the answer,
may, within 30 days after notice of the filing of the answer, allege that the garnishee is
indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand,
the subject of garnishment, or that he holds money or effects of the defendant not admitted
in his answer, which, being reduced to writing setting forth particularly in what respect
the answer is deficient and being sworn to, an issue must thereupon be made up, under the
direction of the court, which must be tried by a jury if required by either party; but such
controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.
(Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197;
Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)...
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6-6-46
Section 6-6-46 When additional affidavit of special facts and circumstances to determine amount
of levy required; reduction of sum. When an attachment is applied for in the cases provided
for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing it,
must require the plaintiff, his agent or attorney, in addition to the affidavit and bond required
in other cases, to make affidavit in writing of the special facts and circumstances so as
to enable him to determine the amount for which a levy must be made, which sum may, at the
discretion of the court, be reduced at the return of the attachment, on affidavit of the defendant,
and the levy released to the amount of such reduction. (Code 1852, §2508; Code 1867, §2932;
Code 1876, §3257; Code 1886, §2934; Code 1896, §529; Code 1907, §2929; Code 1923, §6177;
Code 1940, T. 7, §850.)...
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6-6-71
Section 6-6-71 Proceedings with garnishees. When attachment is executed by summoning a person
indebted to the defendant, such person is called the garnishee, and the summons must be to
answer as garnishees are required to answer; and, upon return of an attachment so executed,
proceedings may be had as in other cases of garnishment. (Code 1852, §2517; Code 1867, §2944;
Code 1876, §3269; Code 1886, §2946; Code 1896, §541; Code 1907, §2941; Code 1923, §6189;
Code 1940, T. 7, §862.)...
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