11-35-25 - Answer of the garnishee.
§ 11-35-25. Answer of the garnishee.
(1) Every person duly summoned as a garnishee shall answer on oath as to the following particulars, viz.:
(a) Whether he be indebted to the defendant or were so indebted at the time of the service of the writ on him, or have at any time since been so indebted; and, if so indebted, in what sum, whether due or not, and when due or to become due, and how the debt is evidenced, and what interest it bears;
(b) What effects of the defendant he has or had at the time of the service of the writ on him, or has had since, in his possession or under his control;
(c) Whether he knows or believes that any other person is indebted to the defendant; and, if so, whom, and in what amount, and where he resides; and
(d) Whether he knows or believes that any other person has effects of the defendant in his possession or under his control; and, if so, whom, and where he resides.
(2) In addition to answering as to the particulars in subsection (1) of this section, each person duly summoned as a garnishee in any case in which he be indebted to the defendant for wages, salary or other compensation shall answer on oath as to whether the defendant is an employee of the garnishee and, if so, the time interval between pay periods of the defendant including any specific day of a week or month on which such defendant is regularly paid.
Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (6), ch. 62, art. 7 (1); 1857, ch. 52, art. 4, ch. 61, art. 313; 1871, §§ 874, 1430; 1880, §§ 1783, 2422; 1892, § 2135; 1906, § 2342; Hemingway's 1917, § 1937; 1930, § 1843; 1942, § 2788; Laws, 1981, ch. 469, § 2, eff from and after passage (approved April 7, 1981).