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A GARNISHMENT IS A LEGAL PROCEEDING TAKEN BY A “CREDITOR” AFTER A JUDGMENT IS RECEIVED FROM A COURT AGAINST A “DEBTOR”. A garnishment will be served on an employer for wages or bank for funds. Contact your attorney with any questions how to begin this process.
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The Civil Division is responsible for receiving, processing and serving civil and criminal court orders and legal documents.
We require a $100 prepayment before papers will be served. The type of paper being served, the location of service and number of attempts will determine the total cost of fees to be charged. You will be billed if fees exceed this amount. Once the fees are paid in full, a return of service will be filed with the clerk of court. If we do not use the entire amount, we will mail a refund check to you. We currently accept cash, checks or credit & debit cards (there is a service fee for all credit & debit card transactions).
This directs the sheriff to whom and where to serve the civil papers. It also provides your contact information if there are questions or refunds to be issued for overages paid for services.You can find a link to a blank form for CIVIL papers here:
"Directions to Sheriff" blank form-Civil paperwork
These fees cover costs of service, plus mileage. If we do not use the entire amount, we will issue a refund check to you. If we have to wait for payment, this could delay the process, as we are not required to do a return of service with the court until the fees are paid in full.
We will make several attempts at different times/days to serve papers before we declare a diligent search (unable to serve). It is always helpful if you can give our office any information on the defendant’s work schedule or vehicle description.
Once the fees have been paid in full, we will e-file the return of service to the court. If you have an EDMS (e-file) account, you should check your account notifications. If you do not have an e-file account, you may contact the Clerk of Court or the Sheriff’s Office to find out the status.
We suggest you contact your attorney for advice prior to coming to our office.
When you come to our office, before we can process a garnishment, we will need:
This directs the sheriff to whom and where to serve the civil papers. It also provides your contact information if there are questions or refunds to be issued for overages paid for services. You can find a link to a blank form for Garnishments here:
"Directions to Sheriff" blank form-GARNISHMENTS
The “garnishee” (EMPLOYER) name and address. The defendant’s name (EMPLOYEE), last known address and any additional identifiers are suggested; social security number, date of birth. Employers will need to positively identify the employee whose wages are to be garnished.
The county in which the EMPLOYER is located will determine which county processes the garnishment. The EMPLOYER must be located in Jasper County for us to process the garnishment.
The “garnishee” (BANK) name and address. The defendant’s (ACCOUNT HOLDER) name and address.
Some banks prefer to have the bank holder’s account number to be garnished or the social security number of the account holder as additional identifiers. If you do not have the additional identifiers, the Sheriff will still serve the garnishment, however lack of this information may greatly diminish your chances of receiving funds.
The county in which the BANK is located will determine which county processes the garnishment. The BANK must be located in Jasper County for us to process the garnishment
Garnishments expire 120 days after issued by the clerk of court. Once expired, any funds received will be sent to the clerk of court in the appropriate county. Allow us time to process our paperwork and to issue a check to the courts. (See Question 10 to receive funds)
You will need to contact the clerk of court in the appropriate county to find out the next step in the process in order to receive the wages/funds that were collected.
There is a table employers must follow based on wages, and a code financial institutions must follow. This information is printed on the back of the “Interrogatory” which is served to the employer or bank, along with the Notice of Garnishment.
If you are the employer, we suggest you contact your attorney or accountant if you have questions.
If you are the defendant, we suggest you contact your employer and/or attorney if you have questions.
WAGE Garnishment-When the paperwork is served to the EMPLOYER, they will fill out the “interrogatory” verifying if the defendant is currently employed with their company, their current wages, and if there is any reason why they wouldn’t be able to garnish the defendant’s wages, (such as other current garnishments, child support, IRS, maximum amount of garnishable wages met for calendar year, etc.). We will e-file the INTERROGATORY paperwork with the courts as soon as possible. Check your EDMS (e-filing) account. If you do not have an e-filing account, you may call the Sheriff’s Office to inquire the status.
BANK Garnishment-When the paperwork is served to the BANK, they will fill out the “interrogatory” verifying if the defendant currently has an account with their institution. They will advise account funds. We will e-file the INTERROGATORY paperwork with the courts as soon as possible. Check your EDMS (e-filing) account. If you do not have an e-filing account, you may call the Sheriff’s Office to inquire the status.
WAGE Garnishment-The employer is responsible for serving the employee a copy of the notice of garnishment which has been served to the employer.
BANK Garnishment-The account holder will be served a copy of the notice of garnishment either by the Sheriff via certified mail or by attorney’s office who is handling the garnishment.