How to file a Garnishment
- Obtain a Judgement against the defendant.
- Plaintiff provides the court with a certified copy of the Judgment obtained outside the jurisdiction of Carroll County.
- Determine if the defendant has assets to satisfy the claim. The Wages/Employer or Bank Account.
- If the defendant has employment or a bank account in the jurisdiction of this Magistrate Office, the plaintiff may file a garnishment.
- The forms for wage garnishment are referred to as the Affidavit & Summons Of Continuing Garnishment. The forms for bank account garnishment are referred to as the Affidavit & Summons Of Regular Garnishment.
- The employer or bank has 45 days from the service date to answer the Court Summons. The answer will include money if funds are available.
- The employer must file answers at least every 45 days until 196 days have expired. The bank must file an answer once during this 45 day period.
- The Plaintiff is responsible for sending a copy of the Garnishment by certified mail to the Defendant. The Plaintiff must provide certified mail verification to the Court before funds are disbursed to the Plaintiff.
- All Garnishment funds are held in The Magistrate Trust Account for 15 days before disbursement.