Garnishment

  1. Obtain a judgment against the defendant.
  2. Plaintiff provides the court with a certified copy of the judgment obtained outside the jurisdiction of Carroll County.
  3. Determine if the defendant has assets to satisfy the claim by reviewing the wages/employer or bank account.
  4. If the defendant has employment or a bank account in the jurisdiction of this Magistrate Office, the plaintiff may file a garnishment.
  5. The forms for wage garnishment are referred to as the Affidavit and Summons of Continuing Garnishment. The forms for bank account garnishment are referred to as the Affidavit and Summons of Regular Garnishment.
  6. 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.
  7. 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.
  8. 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.
  9. All garnishment funds are held in the Magistrate Trust Account for 15 days before disbursement.