Ky. Cir. Ct. Clerks' Manual GARNISHMENT AFTER JUDGMENT

46 GARNISHMENT AFTER JUDGMENT

KRS 425.501 to 425.526, CR 69.02

District or Circuit Courts Process Map

 Garnishment is a special kind of execution by which property of the judgment debtor in the

hands of a third party may be reached, including (but not limited to) wages in the hands of

his/her employer. Garnishment before judgment is an attachment, and the procedures for

issuing a writ of attachment must be observed. For more information and procedures, see

Attachment and Writ of Possession.

 The judgment creditor's affidavit for garnishment must show the date of judgment, the

amount due on the judgment, that the named persons hold property belonging to the

judgment debtor, or are indebted to him/her. KRS 425.501(1).

46.1 When to Issue

Follow the direction of the court’s order specifying when a garnishment may Quick Reference

be issued. In the absence of a court order and upon the filing of a proper Issue garnishment

affidavit by the judgment creditor, issue the garnishment ten days after ten days post

judgment has been entered. KRS 426.030. judgment

Exceptions to Issuance

1. If a motion attacking the judgment is filed as provided in CR 62.01, do not issue the

garnishment until 10 days after entry of judgment on the motion. City of Louisville v.

Verst, 308 Ky. 46, 213 S.W. 2d 517 (1948). Motions attacking judgment include:

• Motion for new trial;

• Motion to amend or vacate the judgment;

• Motion for judgment notwithstanding the verdict;

• Motion for amending the findings.

2. Do not issue the garnishment if a supersedeas bond has been given pending appeal.

RAP 63(B).

GARNISHMENT AFTER JUDGMENT

46.2 Affidavit of Garnishment

1. Upon receipt of an affidavit of garnishment review the affidavit and affirm Quick Reference

the signature. AOC Form 150

AOC Form 145

NOTE: The affidavit is the last page of AOC Form 150 Order for Wage

Affirm signature

Garnishment.

Collect bond filing

2. Collect the fee for the issuance of a garnishment as set forth in the fee

Accounting Manual and give a receipt.

3. Apply the FILED stamp to the affidavit and add the date and your initials. File, date, initial

4. File by completing a document screen.

• AOC Form 150, use document type GAW

• AOC Form 145, use document type GAN

AOC Form 150 –

NOTE: Bond is not required of the judgment creditor. KRS 425.501(2). GAW

AOC Form 145 –

GAN

Issuance of Wage Garnishment

1. Affirm the signature and collect the fee for the issuance of a garnishment

set forth in the Accounting Manual and give a receipt.

Affirm signature

2. Apply the FILED stamp and add the date and your initials.

File, date, initial

3. File on a document screen using document type GAW. You are only

Document type

required to keep the affidavit of garnishment (last page of the garnishment GAW

form.)

4. Return the Notice of Rights (top page of AOC Form 150) to the creditor or

attorney for mailing to the judgment debtor.

5. Creditor or attorney will select method of service of Order (pages 2,3,4,5,

of AOC Form 150).

6. If creditor or attorney requests service through clerk’s office, collect

postage fees as set forth in the Accounting Manual and give a receipt.

If creditor or attorney chooses another method of service, give completed

AOC Forms 150 and 150.4, Sheriff’s Return for Wage Garnishment to

creditor or attorney.

NOTE: AOC Form 150 can only be found and ordered through Request It.

GARNISHMENT AFTER JUDGMENT

46.4 Issuance of Non-Wage Garnishment

AOC Form 145, Affidavit for Writ of Non-Wage Garnishment

AOC Form 150.1, Order for Non-Wage Garnishment

1. Affirm the signature and collect the fee for the issuance of a garnishment Quick Reference

as set forth in the Accounting Manual and give a receipt. Affirm signature

2. Apply the FILED stamp to the garnishment; add the date and your File, date, initial

initials. Document type GN

3. File on a document screen using document code GN. Use the date of

issuance as the filing date. You are not required to keep a copy of the

order of non-wage garnishment.

4. Creditor or attorney will select method of service of order (AOC Form

150.1).

5. If creditor or attorney requests service through clerk’s office, collect

postage fees as set forth in the Accounting Manual and give a receipt.

If creditor or attorney chooses another method of service, give completed

AOC Forms 150.1 and 150.4, Sheriff’s Return for Wage Garnishment to

creditor or attorney.

NOTE: If AOC Forms 150 and 150.4 are returned to the creditor or attorney

for service, note this fact in the memo field of the document screen.

46.5 Answer of Garnishee

1. When the Answer of Garnishee is received, apply the FILED stamp; add File, date, initial

the date and your initials.

2. File by completing a document screen using document code GAG. Document type

GAG

46.6 Funds Held by Clerk

 A garnishee unless otherwise ordered by the court shall make payments directly to the

attorney for the party in whose behalf the order of garnishment was issued. If such party

has no attorney of record, for instance small claims, payments by the garnishee shall be

made to the clerk of the court. CR 69.02.

1. Upon receipt of garnished funds, hold the funds for 15 days from the date

of the employers check for a wage garnishment or for 15 days from the Hold 15 days

date of return of the proceeds for a non-wage garnishment. If the debtor

files an objection within that period, the funds shall continue to be held

until the court rules upon the objection.

2. If an exemption is asserted and a hearing held, the attorney or clerk of the

court shall disburse the garnished funds as ordered by the court. If no

exemption is asserted the attorney or clerk of the court shall after the (15)

GARNISHMENT AFTER JUDGMENT

day period disburse the funds to the party in whose behalf the order of garnishment was

issued. CR 69.02.

46.7 Affidavit to Challenge

1. If the debtor believes the garnished funds/ property are exempt from Quick Reference

garnishment, the debtor can challenge the garnishment by filing an AOC AOC Form 150.2

Form 150.2, Affidavit to Challenge Garnishment (Wage or Non-Wage).

• Wage Garnishment: AOC Form 150.2 must be completed within 13

days of the date on the payroll check from which funds were

withheld.

• Non-Wage Garnishment: AOC Form 150.2 must be completed within

10 days of the garnishee's date of receipt of the garnishment.

Set hearing date

2. Set a hearing using the lower half of AOC Form 150.2 and note on court

calendar by completing a scheduled events screen.

File AOC Form 150.2,

3. File the original of AOC Form 150.2 by applying the FILED stamp; add

date, initial

date and your initials.

Affidavit to Challenge

4. Complete a document screen.

Wage - GACW

• Affidavit to Challenge Wage, use document type GACW. Affidavit to Challenge

Non-Wage - GACN

• Affidavit to Challenge Non-Wage, use document type GACN.

5. Give one copy to debtor and mail a copy to creditor or the creditor's

attorney.

Garnishment Challenge Order

AOC Form 150.3, Garnishment Challenge Order

1. Apply the ENTERED stamp to the order; add the date and your initials. Enter, date, initial

2. Enter the order on a document screen including a brief description. Use Document type

document type OGC. For more information, see Notice of Entry. OGC

3. Serve notice of entry on every party who is not in default or who has not NOE

filed a waiver of notice.

4. Make an entry on the document screen showing the manner and date of

service of notice of entry of the order.

GARNISHMENT AFTER JUDGMENT

46.9 Supplemental Garnishment

Subsequent orders of garnishment against the same or other garnishees may be issued in

the same manner until the judgment is satisfied. KRS 425.501(6).

AOC Form 150.5, Affidavit and Supplemental Order of Wage Garnishment

1. Creditor or attorney completes the affidavit (top portion of AOC Form Quick Reference

150.5), retains one copy and mails one copy to the debtor. AOC Form 150.5

2. Collect a fee for the issuance of the supplemental garnishment as set forth

in the Accounting Manual and give a receipt. Collect fee

3. Apply the FILED stamp; add the date and your initials.

File, date, initial

4. File by completing a document screen using document code GS.

Document type GS

5. Issue the supplemental garnishment (bottom portion of AOC Form 150.5).

6. Make a notation of the issuance of the supplemental garnishment by

completing a document screen, using the date of issuance as the filing File, date, initial

date. Creditor or attorney will select method of service of the Document type

garnishment. GAG

7. If an answer of garnishee is received, apply the FILED stamp; add the Enter stamp date

date and your initials. File using document code GAG. and return of

service