61-3512. Garnishee's payment to court; refund of overpayment; release of funds.

61-3512

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 35.--ATTACHMENT AND GARNISHMENT

      61-3512.   Garnishee's payment to court;refund of overpayment; release of funds.(a) The court shall direct the garnishee to pay to the court such amountthatthe garnishee is holding, as indicated by the answer, or such lesser amount aswarranted, if:

      (1)   The garnishment has attached to property other than earnings of thejudgment debtor;

      (2)   ten days have passed since receipt of the answer of the garnishee by thecourt; and

      (3)   no reply to the answer has been filed.

      (b)   The court shall promptly refund to the judgment debtor any overpaymentof the claim. The garnishee may release the funds, credits or indebtednessthat have been attached pursuant to the order of garnishment if no order to paythe court has been received within 60 days following the receipt of the answerofthe garnishee by the court.

      History:   L. 2000, ch. 161, § 57;L. 2003, ch. 131, § 2; July 1.