§ 16-110-127 - Appearance by garnishee.
16-110-127. Appearance by garnishee.
(a) Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him or her to the defendant, whether due or not, and the property of the defendant in the possession or under the control of the garnishee and, in the case of a corporation, any shares of stock therein held, by or for the benefit of the defendant, at or after the service of the order of attachment.
(b) Where a garnishee, or officer of a corporation summoned as a garnishee, appears in person, he or she may be examined on oath.
(1) If it is discovered on the examination that, at or after the service of the order of attachment upon him or her, he or she or the corporation was possessed of any property of the defendant or was indebted to the defendant, the court may order the delivery of the property and the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the property or amount owing, or the court may permit the garnishee to retain the property or the amount owing, upon the execution of a bond with one (1) or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct.
(2) Performance of these bonds may be summarily enforced by orders and proceedings as in cases of contempt.
(c) The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee, or officer of a corporation summoned as a garnishee, by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt or property owing or held by him or her to, or for, the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.