§12-1171. Right to garnishment - Classes of garnishment.

211 words·~1 min read·/ok/title-12-civil-procedure/12-1171·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Any creditor shall be entitled to proceed by garnishment in any court having jurisdiction against any person whom the creditor, in good faith, believes to be indebted to the creditor's debtor or has possession or control of any property belonging to such creditor's debtor, in the cases, upon the conditions, and in the manner described by law.

B. Subject to the limitations and exceptions otherwise provided by law, there shall be two classes of garnishments:

1. Prejudgment garnishments, which shall consist only of general garnishments pursuant to Section 1173.3 of this title; and

2. Postjudgment garnishments, which shall consist of the following types of garnishments:

a. income assignment for child support pursuant to the

provisions of Section 1171.2 of this title,

noncontinuing earnings garnishment pursuant to Section

1173 of this title,

c. garnishment for collection of child support pursuant

to Section 1173.2 of this title,

d. general garnishment pursuant to Section 1173.3 of this

title, and

e. continuing earnings garnishment pursuant to Section

1173.4 of this title. R.L. 1910, § 4822. Amended by Laws 1965, c. 297, § 1; Laws 1989, c. 236, § 1, eff. July 1, 1989; Laws 1995, c. 338, § 2, eff. Nov. 1, 1995; Laws 2016, c. 248, § 1, eff. Nov. 1, 2016.